The Party Wall in a Semi-Detached House in Romania: Who Owns the Wall, Who Pays, What May Be Done to It and What to Write in the Contract

A semi-detached house (cuplat) is a common solution in new neighbourhoods in Romania: a smaller plot, a lower price than a detached villa, and still a house with a garden. The price is one neighbour who shares a wall with you. Legally, this wall is not just a construction detail. It is an asset with two owners, rights and obligations.

This guide explains what the Romanian Civil Code (Law 287/2009) provides about the party wall, what may and may not be done to it, and how to translate all this into clauses in the purchase contract.

1Who owns the wall in a semi-detached house in Romania?

By default, both neighbours together. Article 660(1) provides that a wall, ditch or any other separation between two plots is deemed to be the joint property of the neighbours. This is a presumption, so it gives way when there is other evidence. The law recognises three cases:

1. The deed provides otherwise. If the sale contract or the registration in the land register states that the wall belongs to one plot only, that is what governs.
2. There is a sign of non-joint ownership. Article 661 describes the classic sign: the top of the wall is straight and vertical on one side and sloping on the other. In such a case the wall belongs to the owner on the sloping side. Another sign showing that one owner built the wall alone may also suffice.
3. Acquisitive prescription (uzucapiune). Under the conditions set by law, one of the owners may become the sole owner after long possession.

In a new house from a developer, the first case is almost always the important one. What needs to be checked is how the contract and the cadastral plan describe the boundary line: whether it runs through the middle of the wall, or along one of its sides.

2What does “forced co-ownership” mean?

Article 646 of the Civil Code defines the party wall as forced co-ownership (coproprietate forțată). In practical terms, it cannot be dissolved like an ordinary co-ownership. You cannot demand that the wall be divided, and you cannot sell your share in it separately from the house. When you sell the house, the share in the wall passes together with it to the buyer.

3Who pays for the maintenance and repair of the party wall?

Both owners, each according to their share (Article 663(1)). The law allows an owner to release themselves from the obligation only by giving up their right in the wall, but Article 663(2) closes this door when their house rests on the wall. In a semi-detached house both houses rest on it, so neither side can shake off the cost of repair.

4Which works may be carried out on the party wall?

Beyond the Civil Code, work on the wall itself, and especially on the structure, may also require approval under the Planning and Construction Code. We wrote about when work on a house requires a permit or notice to the municipality in the villa additions guide.

5Which neighbourhood rules are especially important for a semi-detached house?

The Civil Code includes an entire chapter of “legal limits” on ownership (Articles 602 to 625). We set out the full table of distances in the villa additions guide. Here we focus on what changes when you have an adjoining neighbour:

• Building on the boundary line itself. The general rule requires a distance of at least 60 cm from the boundary (Article 612), unless the law or the local planning regulation provides otherwise. A semi-detached house is built on the boundary because the local planning rules permit adjoining construction. Neighbours' consent to a derogation must be given by authentic deed, meaning before a notary.
• Windows on the garden side. A window or balcony overlooking the neighbour's plot must be at least 2 metres from the boundary, or one metre when it is not parallel to it (Article 615). A window that lets in light without the possibility of seeing through it is permitted at any distance (Article 616).
• Roof and gutters. Each owner must build the roof so that rainwater does not flow onto the neighbour's plot (Article 611). Where there is a shared roofline, ask in advance how the gutters are divided.
• A garden fence. Each neighbour can oblige the other to contribute to building a common separation. In the absence of other rules, the height is set by agreement and does not exceed 2 metres (Article 662).
• When there are also common areas. In a neighbourhood of private houses, including adjoining houses, that has both common property and private property, Article 659 requires the setting up of an owners' association. Ask who maintains what.

6And what about noise from the neighbouring house?

The Civil Code determines who owns the wall, not how much sound passes through it. That is determined by design and execution. Law 169/2026 lists protection against noise among the basic requirements for every building (Article 386), and Article 400 includes protection against airborne noise from another enclosed space and against impact noise. The technical details are in the C 125-2013 standard on building acoustics, approved by Order 3384/2013, and its third part, C 125/3-2013, deals with residential buildings.

When speaking with the developer, note the difference between two measures: Rw is measured in the laboratory, and R'w is measured in the finished building, where sound also travels through floors, the roof and junctions. The second figure is the one you will live with. Ask in writing for the wall section from the technical design and the acoustic values it was designed to. In a finished house, an independent acoustic measurement is the strongest evidence.

7What should be written in the purchase contract?

1. The boundary line. An express reference to the cadastral plan of both plots, and to where the line runs in relation to the wall.
2. The status of the wall. Whether it is a “party wall” or belongs to one plot. If the contract is silent, the presumption of Article 660 applies.
3. Other shared components. Roof, gutters, chimneys, the garden fence, utility connections and access ways: what is shared, what is yours and who maintains it.
4. Agreements with the neighbour. Any agreement on distances, windows or easements should be made by authentic deed and registered in the land register, so as to bind future owners as well (Articles 602(2) and 612).
5. Technical specification. The wall section and the acoustic values, as an annex to the contract or within the specification.
6. Insurance. Check with your insurer how the home policy treats damage to the party wall and damage coming from the adjoining house, and ask for the answer in writing.

8A short checklist before signing

• A current extract from the land register (extras de carte funciară) for your plot, and if possible for the adjoining plot as well.
• The survey plan of both plots, with the boundary line.
• The draft contract, with the description of the wall and of the shared components.
• The wall section and the acoustic values from the technical design.
• Information on an existing or planned owners' association, and what it will cover.
• A check of the position of the windows on the side facing the neighbour, against the distance rules.
• In a finished house: a visit in which someone talks on the other side of the wall while you listen.

9What should you do before signing?

Before signing, lay the extract, the cadastral plan and the draft contract side by side, and check that all of them describe the wall and the boundary in the same way. We accompany Israeli buyers through this review together with licensed lawyers and notaries in Romania, who draw up the deeds and the registrations in the land register under local law.

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The information in this guide is general in nature and does not constitute legal or tax advice on any specific transaction. Every transaction is assessed on its own facts.