Wall acquisition for extensions
A wall acquisition is necessary when you wish to build against an existing wall on an adjacent plot and it turns out that this wall is not yet common. In that case, you can (partially) acquire the wall, subject to compensation to the owner.
To draw up an official report of wall acquisition, you must consult a sworn land surveyor-expert.
What is a wall acquisition?
When you wish to build against a boundary wall, it must first be determined whether it is a common wall.
A common wall is a wall situated on the boundary line that belongs in co-ownership to the owners of the adjacent plots (Art. 653 and 661 of the Civil Code).
If the wall is not common, you must first acquire it before you may use it for your extension.
When is a wall acquisition required?
A wall acquisition is required when:
- you are not a co-owner of the boundary wall
- or when you are already a co-owner, but wish to use a larger part of the wall
In both cases, the other owner must be compensated for the part of the wall that is being made common.
How is the compensation calculated?
The compensation consists of:
- half the value of the acquired part of the wall
- plus half the value of the land on which that part of the wall is built
If the wall is already halfway on your land, you only pay half the value of the wall section to be acquired.
How does a wall acquisition proceed?
A correct wall acquisition requires accurate calculations and measurements. Therefore, a land surveyor-expert is appointed to:
- determine the surface area of the wall
- verify the position of the wall relative to the boundary line
- calculate the value of the wall and the land
- draw up an official report of wall acquisition including a plan
This document is subsequently registered and has legal evidentiary value.
Which legislation applies?
The rules regarding wall acquisition and co-ownership of boundaries are laid down in the Civil Code, including Articles 653, 654, 655, and 661.
These articles determine:
- when a wall is presumed to be common
- how to recognize that a wall is not common
- who is responsible for maintenance and repairs
- and how a wall can legally be made common
What is co-ownership of boundaries?
There is co-ownership of a boundary when a boundary wall, fence, or enclosure is located exactly on the boundary line and is shared by both owners. In that case, both parties have rights and obligations regarding that wall.
What can TOPO4D do for you?
In the event of a wall acquisition, TOPO4D provides:
- measurement of the wall and boundary line
- calculation of the acquisition compensation
- preparation of the plan and official report of wall acquisition
- registration of the file
⚠️ Only a sworn land surveyor-expert is authorized to draw up and register an official report of wall acquisition.
Need help with a wall acquisition?
Do you want to build against an existing wall and ensure that everything is legally correct?
TOPO4D guides you from measurement to registration.
Feel free to contact us for a non-binding quote or additional information.