Garden plot

Garden plot refers to the portion of a property’s land allocated to a tenant or condominium owner for their exclusive use as a garden-as opposed to common green space, which is available for shared use by all residents of a building. In tenancy law and condominium law, the garden plot is a relevant concept, as it raises specific issues regarding rights of use, obligations, and valuation.

Garden Plot in Tenancy Law

In tenancy law, the garden plot is often regulated separately in the lease agreement. A distinction must be made here:

• Inclusion of the garden in the lease: The garden is part of the leased property; the tenant pays rent for the garden as well and has a right of use.
• Communal garden: The garden belongs jointly to all tenants; exclusive use of individual areas must be agreed upon separately.

The tenant of a garden share is generally obligated to maintain it properly (mowing the lawn, trimming hedges). If they fail to fulfill this obligation, the landlord may, after issuing a warning, pass the costs on to the tenant or, in extreme cases, terminate the lease.

Important for landlords: The tenant’s maintenance obligations must be clearly and specifically described in the lease agreement. Vague wording such as “the tenant must maintain the garden” is often insufficient to establish a valid basis for liability. It is better to provide specific details regarding the frequency and nature of the maintenance work: weekly lawn mowing during the growing season, hedge trimming twice a year, and proper weed control.

Garden Allotment in Condominium Law

In condominium complexes, the garden allotment can be regulated in two ways:

1. Right of exclusive use: The garden remains common property, but a specific owner is granted an exclusive right of use (regulated in the declaration of division or by resolution).
2. Individual ownership of the garden: Theoretically possible, but rare in practice, as garden plots are generally not suitable for inclusion in individual ownership.

A right of exclusive use of the garden is automatically transferred to the new owner upon purchase of the condominium, provided it is stipulated in the declaration of division or recorded in the land register. Rights of exclusive use that were established solely by a resolution of the condominium owners’ association and are not recorded in the land register may not be binding on a buyer-an important point to verify when purchasing a condominium with a garden share.

Distinction: Right of Exclusive Use vs. Separate Ownership

The difference between a right of exclusive use and separate ownership of the garden area has practical consequences:

• A holder of a right of exclusive use may use the area exclusively but bears no costs for maintaining the basic infrastructure (trees, drainage). These remain the responsibility of the common property.
• As a separate owner, you would be responsible for all maintenance measures yourself-but since garden areas are usually common property, the homeowners’ association (WEG) finances basic measures such as tree care.
• The appreciation of the garden area is directly reflected in the value of the residential unit under separate ownership; under the right of exclusive use, it is effectively equivalent but legally tied to the apartment.

Garden Area and Property Value

A privately usable garden area significantly increases the value of a condominium or rental apartment-especially in urban locations. In Nuremberg, ground-floor apartments with garden areas are in high demand and command significant price premiums compared to comparable apartments without outdoor space. In our valuation, we consider the size, location, orientation (south, west, or north-facing garden), and condition of the garden area.

Specifically, we observe the following in the Nuremberg market: A ground-floor apartment with an exclusive garden ranging from 100 to 150 square meters commands a price premium of 15,000 to 40,000 euros compared to an identical apartment without a garden-depending on the location, quality, and orientation of the garden. In neighborhoods with a severe lack of green space, such as Südlicher Wöhrd or Gostenhof, this premium tends to be higher.

Practical Tip for Property Owners in Nuremberg and Franconia

In Nuremberg apartment buildings-especially in Wilhelminian-style neighborhoods like Gostenhof or St. Johannis-garden rights for ground-floor apartments are often not clearly defined in the lease. We recommend that landlords clearly define the rights of use in the lease and specify the tenant’s maintenance obligations in detail. This prevents disputes and facilitates handover when tenants change.

When selling apartments with garden access, we also ensure that the exclusive right of use is accurately documented: In our experience, a professionally prepared property brochure featuring a garden plan, measurements, and photos of the outdoor area in good condition yields significantly better negotiation results than listings without these documents. The question of whether the garden area is hidden from view from the street (privacy factor) also plays an important role for many prospective buyers.

Frequently Asked Questions

Is the tenant required to maintain the garden?

If the lease agreement stipulates garden maintenance, then yes. However, the maintenance must be reasonable (basic care such as mowing the lawn and weeding). Extensive maintenance measures (e.g., tree removal, major garden redesigns) are generally the landlord’s responsibility. The exact scope must be clearly defined in the lease agreement; otherwise, the statutory principles apply.

As a tenant, can I design the garden area according to my own preferences?

Minor landscaping measures (planting flowers and vegetables, setting up garden tools) are generally possible without special permission. Larger changes, such as creating flower beds, setting up greenhouses, or cutting down trees, require the landlord’s consent-and, if necessary, official approval. At the end of the lease, the tenant must generally return the garden in the condition in which they took it over-unless the landlord expressly agrees to changes.

How is the garden share valued when selling a condominium?

A garden share with exclusive use rights is factored into the real estate valuation via a premium on the income value or asset value. Typical surcharges range between 5 and 15 percent of the apartment’s value, depending on the location, size, and quality of the garden. In downtown Nuremberg locations, even higher surcharges may be achieved.

Can the garden share be subsequently revoked by the condominium association (WEG)?

A right of exclusive use enshrined in the declaration of division and registered in the land register can only be modified with the consent of the entitled party. A right of exclusive use established solely by resolution is significantly weaker and may, under certain circumstances, be revoked by a new resolution of the condominium association-particularly if it was not properly registered in the land register. When purchasing an apartment with a garden share, buyers should always verify whether the right of exclusive use is secured by registration in the land register.

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