Building a wall between two adjoining properties is common practice in single-family homes, chalets, rural land, and urban plots. However, not everything goes: the height of walls between neighbors is regulated by legal and urban planning regulations, and ignorance of these regulations can lead to neighborhood disputes, complaints, or even penalties. So, what is the legal height of walls between neighbors? Let's take a closer look.
The legal height of a wall between neighbors is not fixed at the national level. In most Spanish municipalities, the limit is between 1.50 and 2.50 meters, depending on the type of wall, its location, local urban planning, and whether it is a party wall, dividing wall, or exterior enclosure.
1. Types of walls between properties: not all are the same
Before discussing heights, it is essential to understand what type of wall is going to be built or modified, as regulations vary depending on its function and location:
Party wall: a wall separating two adjoining properties, shared by both owners. Ownership and maintenance are shared, and it is regulated by the Civil Code.
Non-party dividing wall: built by only one of the owners within their plot, usually on the boundary, without the need to share it.
Exterior enclosure wall: when the wall borders a public road or communal areas; in these cases, the height is usually regulated more by aesthetic, safety, or urban accessibility criteria.
2. Civil regulation: the Spanish Civil Code
In the absence of an agreement between neighbors or specific regulations, the Spanish Civil Code provides certain general guidelines on party walls:
Presumption of party wall (Art. 571-579): unless proven otherwise, the dividing wall between two properties is understood to be a party wall up to the common height. If one of the neighbors raises the wall above that height, that additional part will be exclusively theirs.
Use of the wall: both owners may lean on it, provided that they do not weaken it or render it unusable for the other.
Raising the wall: one of the neighbors may raise the wall at their own expense, without the consent of the other, provided that it does not affect the common area. However, the adjoining owner may acquire that part as a dividing wall if they pay half the cost.
Proportion and limits: the elevation must not be disproportionate, nor impede light, views, or ventilation if there are local regulations governing this.
However, these rules do not specify a specific maximum height, which means that municipal urban planning regulations determine this.
3. Local urban planning regulations: the real limit
The reality is that each local council in Spain establishes its own rules on wall height, through the General Urban Development Plan (PGOU) or its municipal building regulations. This is where we find the specific restrictions.
Although it may vary by region, the most common practice is:
Interior walls between neighbors (party walls or boundary walls) must have a maximum height of between 1.80 and 2.20 meters, especially on urban residential land.
The exterior walls enclosing the plot (facing the street) may be up to 2.50 meters high, but with certain conditions: for example, they may not exceed 1 meter of opaque construction, and the rest must be a fence or gate with at least 75% open surface area.
In rural areas or on non-developable land, the height is usually limited to 1.50 meters, especially in the case of metal mesh fencing.
4. Real examples in different municipalities
Madrid and Pozuelo de Alarcón
In many municipalities in the Community of Madrid, the PGOU (General Urban Development Plan) allows boundary walls of up to 2 meters in residential areas and 2.50 meters in exterior enclosures, with conditions regarding opacity or type of material. In villa developments, regulations also require aesthetic harmony.
Barcelona (Metropolitan Area)
Municipal building regulations in Barcelona stipulate a maximum height of 2 meters for party walls or dividing walls, although there may be differences if the construction affects listed areas, neighborhoods with special protection, or common elements.
Malaga
In the capital of Malaga, regulations allow up to 2.20 meters for interior partitions and 2.50 meters for exterior enclosures, if lattices, vegetation, or lightweight materials are used to preserve aesthetics and ventilation.
5. Common conflicts between neighbors
The height of walls is one of the main sources of neighborhood conflict, especially when:
A neighbor unilaterally raises the wall without respecting the legal height.
The new wall blocks the light or view from the neighboring property.
Common materials or aesthetics are not respected in housing developments.
It is built on someone else's land or encroaching on boundaries.
In these cases, you can ask the local council to intervene, file a planning complaint, or even take civil legal action. The law is clear: an illegal wall can be demolished, even partially, if it exceeds local regulations.
6. What if there is already a higher wall?
There are two possibilities:
If the wall is old and predates current regulations, it may be considered legal due to urban consolidation or prescription, unless it can be proven that it causes harm.
If it is recent and was built without a license or outside the permitted parameters, it may be subject to disciplinary proceedings, a fine, or even partial demolition.
If in doubt, it is advisable to go to the municipal archives or the land registry to check whether the wall has been regularized.
7. Recommendations to avoid problems
Consult your municipality's urban planning regulations before building. Many local councils publish these regulations online.
Talk to your neighbor before building or modifying a wall. Although it is not mandatory, an agreement prevents conflicts.
Apply for a minor works permit at the Town Hall if it is a newly constructed wall or a substantial modification.
If the wall is a party wall, any work carried out on it must respect the rights of the other adjoining party.
Author
Cabana Team
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