Gardens can be a very useful asset for your building and some good plans for improving buildings often come out of owners’ discussions over a back garden BBQ. But who pays for garden maintenance?

The question of who pays for garden maintenance can be a tricky one as the title to the land under the garden may belong to one owner, even if all owners are allowed to use it. If this is the case, then the responsibility for garden maintenance is generally a common responsibility.

As always, check what your particular title deeds say. If your titles are silent on this issue, the individual owners of parts of the outdoor area – those of the adjacent lowest flats in the building – can choose how they want to maintain their parts.

Sometimes, particularly in cottage flats or four-in-a-block flats, each flat has its own particular garden area set out and each is responsible for maintaining their allocated part.

If owners have separated off part of the communal garden for their own use, this should have been done with all flat owners’ consent and that owner will have taken responsibility for maintenance of that part of the garden. They will still need to pay a share of maintenance of common parts, unless agreement has been made otherwise.

Taking care of the garden is a type of maintenance and decisions should be made using proper procedures. If there is a dispute or confusion about responsibility, speak to a solicitor.

Further information

Legal reference

1200 800 Under One Roof

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