PROPERTY LAW — BOUNDARY FENCES
You’ve just bought a plot of land in Hyères, in the Ayguade or Salins district, and want to fence your property. Or your neighbour has installed a fence without consulting you and is now asking you to pay half. Article 663 of the French Civil Code sets a minimum height in certain areas, but costs, materials and maintenance are frequent sources of conflict. Here are the exact rules.
1. The obligation to fence (Art. 663 Civil Code)
In towns and cities with a population over 50,000 — Hyères has around 55,000 residents — any property owner can require their neighbour to contribute to the construction and repair of a party fence between the two properties. The minimum height is 3.20 metres in towns of more than 50,000 residents, and 2.60 metres in towns with fewer than 50,000 residents.
2. Existing fence: how costs are shared
When the fence is jointly owned
If the fence is built exactly on the boundary line and declared jointly owned:
- Construction: 50% each, regardless of the material chosen (wire mesh, breeze block, wood). But if one party wants a more expensive material, they pay the difference.
- Maintenance: 50% each (Art. 655 Civil Code). Painting, rust treatment, replacing posts: everything is shared.
- Demolition: not possible without both owners’ agreement, unless the fence is dangerous.
- Party hedge in Nice: height, trimming and planting distance – Art. 671 rules
- Party hedges: height, trimming and planting distance on the Côte d'Azur
When the fence is privately owned
If the fence is located entirely on one owner’s land (50 cm from the boundary, for example), that owner alone bears the costs and maintenance. However, the neighbour has no right to attach anything to it without permission.
3. The procedure for obtaining a cost-sharing agreement in Hyères
Step 1: Assess the situation
First check whether a fence already exists and its exact position relative to the property boundary. The land registry (cadastre) alone is not reliable. A total-station survey or a preliminary boundary survey may be necessary. Cost: €800 to €1,500 for a planning expert.
Step 2: Formal notice
If the neighbour refuses to contribute, send them a registered letter including:
- A record of the situation (photos, boundary survey plan)
- The quote for the work
- An invitation to choose the contractor
- A 30-day deadline to respond
- Party hedge in Nice: height, trimming and planting distance – Art. 671 rules
- Party hedges: height, trimming and planting distance on the Côte d'Azur
Step 3: Filing a claim in court
If the neighbour does not respond or refuses, file a claim with the Toulon judicial court (which has jurisdiction over Hyères). The procedure is the same as for a party wall:
- A formal summons, with a lawyer mandatory
- Average timeframe: 4 to 6 months to obtain a favourable ruling
- Possible daily penalty: €30 to €100 per day
- Party hedge in Nice: height, trimming and planting distance – Art. 671 rules
- Party hedges: height, trimming and planting distance on the Côte d'Azur
4. Local rules specific to Hyères
In Hyères, the Local Urban Plan (PLU) sets specific rules for fences:
- Zone U (urban): Maximum height 2.00 m for street-facing fences, 3.20 m between properties
- Zone N (natural): Only vegetation or wire-mesh fences allowed, maximum height 1.80 m
- Zone A (agricultural): No fencing is permitted except with a prefectural exemption
- Protected areas: In the old town and the remarkable landscapes of the Giens peninsula, fences must use traditional materials (stone, wrought iron)
- Party hedge in Nice: height, trimming and planting distance – Art. 671 rules
- Party hedges: height, trimming and planting distance on the Côte d'Azur
Check these rules with Hyères town hall before installing your fence, or you may be required to demolish it at your own expense.
To find out more
- Neighbour refuses to pay for party wall repairs in Marseille — Practical remedies (Art. 655 Civil Code)
- Party hedge in Nice: height, trimming and planting distance – Art. 671 rules
- Party hedges: height, trimming and planting distance on the Côte d'Azur
📅 Updated on 29/08/2026 — By Cassini Expertise, independent building expert for the Alpes-Maritimes (06) & Var (83). Free quote: 04 22 46 06 04.
To find out more:
Frequently Asked Questions
Party fence in Hyères: who pays for installation?
As a general rule, installation costs for a party fence are shared equally between the two owners, under Article 663 of the Civil Code. However, if one neighbour decides to build it alone, they can ask the other to reimburse half the cost, provided the fence is genuinely jointly owned and necessary.
Party fence maintenance in Hyères: who pays?
Maintenance of a party fence is likewise shared between the two owners, each contributing 50%. If one neighbour carries out maintenance work without the other’s agreement, they can ask for half the cost to be reimbursed, but it’s best to agree in advance to avoid disputes.
Party fence rules in Hyères by zone?
In Hyères, fencing rules vary by zone (urban, agricultural, etc.). In urban zones, the height and type of fence may be regulated by the Local Urban Plan (PLU). In agricultural zones, specific rules apply, particularly for livestock fencing. It’s advisable to check with the town hall for local rules before any construction.