Civil Code (Cap. 16)
Civil Code (Cap. 16), article 435
435. (1) Even where the construction is not made on the
boundary-line, the neighbour may, if a distance of at least one and
one-half metres has not been lef t, demand co-own ership of the
wall, and may build up to, and against such wall, on paying, be sides
the value of half the wall, the value of the ground which he wo uld
thus occupy, unless the owner of the ground prefers to extend h is
building, at the same time, up to the boundary-line.
(2) If the neighbour does not wish to avail himself of such
power, he must construct his wall or building in such a manner that
there shall be a distance of three metres from the wall or buil ding of
the other party.
(3) The same rule shall be observ ed in any other case where the
construction of the other party i s at a distance of less than t hree
metres from the boundary.
(4) The mere raising of the height of a house or wall already
existing is deemed to be a new construction.
Exception.436. The provisions of the last t wo preceding articles shall not
apply in the case of buildings destined for public use, or of w alls
bordering on public squares or streets.
138 [CAP. 16. CIVIL CODE
Planting of trees,
etc.
Amended by:
II.1920.2,3.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.