Party Wall & Shared Walls
in Malaysia: Rights, Repairs & Disputes

This guide provides general legal information only — not legal advice. Consult a qualified Malaysian property lawyer for your specific situation.

What is a party wall?

Under UBBL 1984 By-law 86, a party wall is defined as a wall that forms part of a building and is used, or constructed to be used, for the separation of adjoining buildings belonging to different owners — whether the wall stands astride or immediately abutts a common lot boundary (Source: UBBL 1984, Kementerian Perumahan dan Kerajaan Tempatan (KPKT)).

In Malaysia, party walls are most commonly found in:

• Terrace houses and link houses — the wall shared between two adjoining units of a terrace row.
• Semi-detached houses — the shared wall between the two halves of a semi-D.
• Strata parcels — the wall separating two adjacent condo or apartment units (governed additionally by SMA 2013 and the strata plan).
• Commercial shophouses — the wall between adjoining shop lots.

Who owns a party wall in Malaysia?

Ownership depends on the type of title:

In practice, both adjoining owners of a terrace party wall typically share a common law right of support — neither can do anything that would weaken the structural integrity of the wall or deny the other owner the support the wall provides (Source: hajimohamadzainuddin.com, Nuisance and Trespass in Malaysia).

Legal framework at a glance

Several laws govern party walls simultaneously (Source: KPKT; AGC Malaysia; MahWengKwai & Associates, Inter-Floor Leakage & Party Wall Damage in Strata Schemes):

Strata party walls under SMA 2013

For strata buildings, the Strata Management (Maintenance and Management) Regulations 2015 add specific rules about party walls (Source: MahWengKwai & Associates, Inter-Floor Leakage & Party Wall Damage in Strata Schemes; KPKT COB guidelines; Regulations 56 and 67):

• Regulation 56 allows a parcel owner or management body to submit a complaint to the COB regarding damage to a party wall. The COB has the authority to investigate, make a determination on responsibility, and direct the responsible party to carry out repairs.
• Regulation 67 sets out specific procedures for party wall damage claims between parcel owners.
• By-law 27 of the Strata Management (Maintenance and Management) Regulations 2015 requires any parcel owner to obtain prior written approval from the management corporation before carrying out renovation works that affect a party wall.
• Any structural alteration to a party wall also requires local-authority building plan approval under Act 133 s.70.

Failure to obtain both management approval and local-authority approval is a dual breach: of the strata by-laws and of Act 133.

Repair responsibility: who pays what?

One of the most common disputes is who pays for repairing a party wall. Here is how responsibility is generally determined:

When do you need consent before working on a party wall?

The short answer: always, for any structural or material alteration. Specifically, you must obtain:

• Your neighbour’s written consent — because the wall (or part of it) belongs to or provides support to their property.
• Local-authority building plan approval under Act 133 Section 70 — because any structural alteration constitutes an “alteration to a building.” Plans must typically be submitted by a registered architect and stamped by a professional engineer (PE) if structural elements are involved (Source: Board of Engineers Malaysia (BEM); Act 133 s.70).
• Management approval (strata) under By-law 27 of the Strata Management Regulations 2015.

Even minor works such as chasing a channel into the wall for new electrical conduit should be declared to management (strata) and to your neighbour, as vibration and hacking can cause unexpected cracking on the adjacent side.

What if your neighbour hacks the party wall without your consent?

If your neighbour hacks, thins, or structurally alters the party wall without obtaining your consent or the required approvals, they have committed multiple breaches simultaneously:

• Act 133 Section 70 offence — building without local-authority approval (fine up to RM10,000 + possible imprisonment).
• Trespass to land / property — physically interfering with a wall that is in part yours.
• Nuisance / negligence — if the work causes or risks damage to your side (cracks, structural weakening, noise, dust).
• Strata by-law breach (strata only) — renovating without management and local-authority approval.

Your remedies are:

• Report immediately to your local authority for a stop-work notice under Act 133.
• Report to your JMB/MC (strata) to halt the works and invoke the renovation deposit.
• Report to the COB (strata) for a ruling under Regulations 56 & 67.
• Apply for an interim injunction in court if the works are ongoing and creating structural risk.
• Claim compensation for repair costs at the Strata Management Tribunal (strata) or via civil suit (landed).

COB complaint route (strata)

The Commissioner of Buildings (COB) is the enforcement authority for the SMA 2013 and is attached to your local council (e.g. DBKL, MBPJ, MPAJ). For party wall damage in a strata scheme, the COB route under Regulations 56 & 67 is free, relatively fast, and does not require a lawyer. File a written complaint containing:

• Your unit details and the offending unit’s details.
• A description of the works done and their effect on the party wall.
• Photographs and video of the damage.
• A repair quotation from a CIDB-registered contractor.
• Copies of your written complaint to management and their response.

The COB may direct the responsible owner to carry out rectification and can impose fines under the SMA 2013 for non-compliance (Source: KPKT; ezrilaw.com, Commissioner of Buildings (COB) Explained).

Strata Management Tribunal claim

If COB action does not result in adequate rectification, or if you need a formal compensation order, file at the Strata Management Tribunal (SMT) via strata.my or in person at the relevant COB office. The Tribunal can order the offending owner to pay your full repair costs plus consequential losses, up to RM250,000 (Source: MahWengKwai & Associates, 10 Things to Know About the Strata Management Tribunal). Awards are issued within 60 days and have the force of a court order.

For more on the Tribunal process, see Strata Management Tribunal Guide →.

Step-by-step action plan

• Step 1 — Document immediately. Photograph your side of the wall before and after the works. Note dates, times, and the nature of any sounds or vibrations.
• Step 2 — Notify management (strata) in writing. Request that management halt the works and invoke the renovation deposit.
• Step 3 — Complain to the local authority if no permit was obtained. Request the Jabatan Kawalan Bangunan to issue a stop-work notice.
• Step 4 — Write to your neighbour formally notifying them of the damage, your legal rights, and your intention to seek rectification.
• Step 5 — File a COB complaint (strata) under Regulation 56 for a formal determination of responsibility.
• Step 6 — File a Tribunal claim (strata) or civil suit (landed) if the neighbour refuses to rectify or compensate you.

For damage caused by structural hacking specifically, also see Unauthorised Structural Hacking →.

Prevention tips

• If you plan to do any works near a party wall, give your neighbour advance written notice and obtain their written consent.
• Engage a professional engineer (PE) for any works that touch a structural or party wall — PE endorsement is required for building plan submission to the local authority.
• In a strata building, submit your renovation plan to management (By-law 27) and obtain written approval before starting work.
• Photograph the wall from both sides before your renovation to establish the pre-works condition in case of future claims.

Need advice on repairing a wall damaged by a neighbour’s renovation? WhatsApp ClickBina →

Sources & official references

• Uniform Building By-Laws 1984 (UBBL 1984) — KPKT
• Street, Drainage and Building Act 1974 (Act 133) — Attorney General’s Chambers
• Strata Management Act 2013 (Act 757)
• Inter-Floor Leakage & Party Wall Damage in Strata Schemes — MahWengKwai & Associates
• 10 Things to Know About the Strata Management Tribunal — MahWengKwai & Associates
• Commissioner of Buildings (COB) — Ezri Law
• Strata Management Tribunal portal — strata.my (KPKT)
• Renovating Your Stratified Home: What You Need to Know — HHQ Law Firm