Having a private garden within a condominium is a highly sought-after feature that can enhance a property's value, especially in urban areas where outdoor spaces are becoming increasingly scarce. However, this type of space is governed by a strict legal framework defined by the condominium regulations and the French Law of July 10, 1965. Before purchasing or developing such a property, it is essential to understand the garden's legal status, usage rules, maintenance obligations, and the authorizations required to carry out any work.
In Summary
- A private garden within a condominium may fall under three distinct legal statuses: private property, exclusive use rights over a common area, or a standard common area accessible to all co-owners.
- Usage and development rights depend directly on the condominium regulations, the descriptive division statement, and, in some cases, a vote at the general meeting.
- Routine maintenance of the garden is usually the responsibility of the co-owner who has exclusive use of it, although the allocation of costs varies depending on the garden's exact legal status.
- Works such as installing a fence, a garden shed, or a swimming pool often require specific authorizations from both the condominium association and, in some cases, the local authority.
What Is the Legal Status of a Private Garden in a Condominium?
The legal status of a private garden depends on the provisions set out in the condominium regulations and the descriptive division statement. In practice, three main configurations exist, each with different consequences for your rights and obligations.
The Garden as a Private Part of the Property Lot
In this configuration, the garden is a private area attached to the condominium lot, in the same way as a garage or cellar. The co-owner has full ownership of it.
This situation offers significant freedom of use: you may develop the garden as you wish, plant trees, install outdoor furniture, or create a vegetable garden, provided that you respect the purpose of the building and the condominium regulations. Routine maintenance is entirely your responsibility, but you enjoy maximum autonomy in customizing the space.
Exclusive Use Rights Over a Common Area
More commonly, the garden remains a common area, but you benefit from exclusive use rights. These rights are attached to the condominium lot rather than to the individual owner and are automatically transferred when the property is sold.
In practical terms, the garden is collectively owned by all co-owners, but only you are entitled to use it. For this right to be valid, it must be expressly mentioned in the descriptive division statement. Since the French 3DS Law of February 2022, the regularization of these rights may be approved by a simple majority vote for condominiums created before July 1, 2022.
You retain exclusive use of the space, but you do not own the land itself. Significant modifications generally require approval from the general meeting.
The Garden as a Standard Common Area
In this final scenario, the garden is a common area without any exclusive rights. All co-owners may enjoy it, and maintenance is carried out by the condominium association, with costs allocated according to ownership shares as defined by the Law of July 10, 1965.
This configuration is the most restrictive for individual use. Unauthorized appropriation of part of a communal garden, for example by installing a fence in front of a ground-floor apartment, is strictly prohibited and may lead to sanctions.
Comparison of the Three Legal Statuses
Legal Status | Land Ownership | Usage Rights | Maintenance Obligations | Example |
|---|---|---|---|---|
Private Area | Individual co-owner | Full freedom of use subject to regulations | Owner responsible | Private garden attached to a townhouse within a condominium |
Exclusive Use Rights | All co-owners collectively | Exclusive use, modifications subject to authorization | Varies according to regulations (often borne by the beneficiary) | Garden adjoining a garden-level apartment, specified in the descriptive division statement |
Standard Common Area | All co-owners collectively | Shared use by all | Maintained by the condominium association, costs shared according to ownership shares | Shared green space in the center of a residential complex |
What Usage Rules and Charges Must Be Respected?
Vegetable Gardens, Composting, and Permitted Plantings
A private garden allows you to create a personalized outdoor space, but certain rules govern permitted plantings. In most cases, you may install a vegetable garden, flower beds, or ornamental plants, provided they do not disrupt the visual harmony of the building or obstruct access to common areas.
The types of plants permitted must comply with the condominium regulations, which may prohibit certain hazardous species or limit plant height to prevent shading neighboring properties.
Since January 1, 2024, source separation of organic waste has become mandatory for all households in France. If your condominium does not yet provide a shared composting facility, you may propose installing one during the general meeting, typically requiring a simple majority vote. Individual composting in your private garden remains possible but generally requires approval from the property manager to prevent odor or health-related nuisances.
Fencing and Defining the Boundaries of a Private Garden
Installing a fence is never a trivial matter. Even if you enjoy exclusive use rights, any fence alters the external appearance of the building and must comply with the building’s intended purpose as defined in the condominium regulations.
You should carefully review these regulations before starting any project, as they may prohibit or strictly regulate such developments. In most cases, approval from the general meeting is required, usually through an absolute majority vote.
A prior declaration of works to the local municipality may also be required depending on the proposed fence’s height and type. Some condominiums impose restrictions regarding height, materials (wire fencing, hedges, privacy screens), or distance from property boundaries. Respecting these rules helps maintain good relations with neighbors and avoids future disputes.
Building a Swimming Pool or Garden Shed
Installing a swimming pool in your private garden can be appealing, but it is subject to strict regulations. Whether the pool is in-ground or above-ground, authorization from the condominium association must be obtained at a general meeting, often through a reinforced double-majority vote.
This collective decision takes into account the impact on condominium insurance, safety concerns, and potential nuisances. At the same time, planning authorization (either a prior declaration or a building permit depending on the pool size) must be obtained from the local authority.
For a garden shed, regulations vary depending on whether it is a permanent structure or a lightweight removable installation. Minor installations such as garden furniture, a parasol, or a portable barbecue generally do not require authorization, provided they are not prohibited by the condominium regulations.
However, a permanent fixed shed must be approved at a general meeting and may also require a prior declaration of works. Before undertaking any project, always check the condominium regulations and consult your property manager to determine the exact procedures to follow.
Green Space Maintenance and Applicable Regulations
Tree Height and Tree Removal in a Private Garden
When you own a private garden, tree planting and maintenance must comply with strict rules, particularly those established by Article 671 of the French Civil Code. This provision imposes minimum planting distances from property boundaries: 2 meters for trees exceeding 2 meters in height and 50 centimeters for smaller plantings.
These rules aim to prevent neighborhood disputes caused by overhanging branches or roots that could damage neighboring foundations.
In a condominium, removing a tree requires particular attention. If the garden is a common area subject to exclusive use rights, the tree itself may be considered part of the common property. In such cases, approval from the general meeting must be obtained before any removal.
For gardens classified as private property, the owner remains responsible but must still check the condominium regulations and, where applicable, obtain municipal authorization if the tree is protected or classified as remarkable. Branches or roots encroaching on neighboring properties may justify requests for pruning or trimming to preserve harmonious relations among residents.
Routine Maintenance Responsibilities of the Co-owner
Routine maintenance of a private garden is generally the responsibility of the co-owner who has exclusive use of it. This includes regular tasks such as mowing the lawn, trimming hedges, weeding, and watering plants.
These maintenance obligations help preserve the green space and prevent nuisance to other residents of the condominium.
Allocation of Maintenance Costs
The allocation of costs depends on the garden’s legal status. If the garden is a private area, all maintenance expenses are borne by the co-owner. Conversely, if the garden is a common area subject to exclusive use rights, the condominium regulations may provide for a specific distribution of costs between the benefiting co-owner and the condominium association.
In all cases, it is essential to have suitable gardening tools and to comply with maintenance schedules so as not to disturb neighbors. The property manager may also intervene in cases of neglect, particularly if a lack of maintenance causes disturbances or negatively affects the overall appearance of the condominium.
Works and Alterations: What Authorizations Are Required?
The Framework Established by the Elan Law and the 3DS Law
Since 2018, the French Elan Law has clarified the status of common areas subject to exclusive use rights by defining them precisely within the Law of July 10, 1965. These common areas remain collectively owned by all co-owners, although only one co-owner benefits from their exclusive use.
The 3DS Law, which came into force in February 2022, further strengthened this framework. It allows the regularization of exclusive use rights through a simple majority vote (Article 24) for condominiums created before July 1, 2022. In practical terms, the condominium association must include this issue on the agenda of each general meeting until the condominium regulations are brought into compliance.
This legislative development facilitates the official recognition of existing private gardens.
Works Requiring Approval from the General Meeting
Before carrying out any work in your private garden, you must obtain authorization from the condominium association for certain developments. Any modification affecting the exterior appearance of the building requires a vote at the general meeting. This applies in particular to the installation of a fence, the construction of a permanent garden shed, the installation of a swimming pool, or the covering of a terrace.
The required voting majority varies depending on the nature of the work. Improvement or beautification projects are generally approved by an absolute majority (Article 25), meaning a majority of all co-owners, whether present or absent.
For more substantial works that alter the purpose of the building or create new facilities, unanimous approval may be required. Beyond condominium approval, do not forget that planning authorization (a prior declaration of works or a building permit) may also be necessary depending on the scale of the project.
Purchasing a Private Garden or Transforming an Existing Space
The acquisition of a private garden may occur at two different stages. During the initial creation of the condominium, the regulations may provide that a garden is attached to a specific lot through exclusive use rights. It is also possible to acquire these rights at a later stage, provided the seller legally holds them and the transaction is approved by the general meeting.
One specific situation deserves particular attention: transforming a parking area or common space into a private garden. Such an operation constitutes a substantial modification of the purpose of a common area and generally requires unanimous approval from all co-owners. Every co-owner must agree because the transformation affects both the value and collective use of the property.
Checklist of Required Authorizations Depending on the Type of Work
Type of Development | Required Authorization |
|---|---|
Minor developments (garden furniture, flower boxes) | No authorization required, subject to compliance with condominium regulations |
Fence or hedge | Approval from the general meeting (absolute majority under Article 25) + verification of condominium regulations |
Swimming pool | Approval from the general meeting (absolute majority or unanimous vote depending on scope) + planning permission (prior declaration or building permit) |
Permanent garden shed | Approval from the general meeting (absolute majority under Article 25) + planning permission if the structure exceeds 5 m² |
Permanent structure (pergola, conservatory) | Approval from the general meeting (unanimity may be required) + building permit |
Capifrance Supports Your Property Project Involving a Garden
Are you planning to buy or sell a property with a private garden in a condominium? Before committing, it is essential to verify the exact legal status of the outdoor space in the condominium regulations. Is it a private area, an exclusive use right over a common area, or a common area accessible to all? This legal distinction determines your usage rights, maintenance obligations, and any restrictions on future developments.
Capifrance real estate advisors, specialists in their local markets, support you through every stage of your project. They will review the condominium regulations with you, clarify the legal status applicable to the garden, and propose solutions tailored to your situation.
If you own a property with a condominium garden, be aware that such an outdoor space can represent an added value estimated at between 5% and 10% of the property's overall value. To accurately determine your property's value and maximize its appeal, take advantage of Capifrance’s free property valuation service.
Contact a Capifrance advisor near you today to obtain all the information you need and turn your project into reality.
Conclusion
- Before purchasing a property with a condominium garden, it is essential to verify the garden’s exact legal status and the rights attached to the lot.
- Before undertaking any development or construction work, consult the condominium regulations and the property manager to avoid disputes with other co-owners.
- A properly regulated and well-maintained private garden is a genuine comfort feature and can represent significant added value for the property.
- To secure your real estate project, professional support can help you better understand the applicable rules and maximize the value of the property concerned.
FAQ: Frequently Asked Questions About Private Gardens in Condominiums
What Is the Difference Between a Private Garden and an Exclusive-Use Garden?
The distinction is primarily legal. An exclusive-use garden corresponds to a right of exclusive enjoyment over a common area: the land remains the property of the condominium association, but only one co-owner may use it, and that right is attached to the lot.
By contrast, a private garden is a private area incorporated into the condominium lot, in the same way as a garage or cellar. In this case, the co-owner has full ownership of the garden. This distinction directly affects development rights, maintenance costs, and the authorizations required for carrying out works.
What Rights Do Co-owners Have Over Their Private Areas?
Each co-owner is generally free to use their private areas as they wish, provided they comply with the condominium regulations and the intended purpose of the building. They may carry out developments, install furniture, or undertake works, provided they do not infringe upon the rights of other co-owners or compromise the structural integrity of the building.
Certain restrictions may apply, particularly for modifications visible from the exterior or affecting common areas. Small installations are generally permitted without formalities, but any substantial project should be reviewed with the property manager beforehand.
What Is an Exclusive Use Right in a Condominium?
An exclusive use right is an ancillary property right attached to a condominium lot that grants its holder exclusive use of a common area without transferring ownership.
In practical terms, the co-owner is the sole user of the space but does not become its owner. This right is perpetual and automatically transfers with the lot upon sale or inheritance. It therefore differs from full ownership because the area remains under the control and management of the condominium association, unless otherwise specified in the condominium regulations.
Does a Garden-Level Apartment Always Include a Private Garden?
No. A garden-level apartment does not automatically include a private garden. The status of the outdoor space depends exclusively on the condominium regulations and the descriptive division statement.
Some garden-level apartments benefit from exclusive use rights over a parcel of land, while others merely have access to standard common areas. The same applies to private terraces. Before purchasing, it is essential to verify precisely which land parcels are concerned and what rights are attached to the lot by consulting the condominium’s official documents.
Author :
Frédéric Rémy – Director of Commercial Performance
A real estate professional for several years within the Capifrance network, I would like to share with you some essential advice to help you succeed in your real estate project with the support of our advisors.
