Buying a property with a garden
A house or a garden-level flat: what to check before buying a property with a garden, from the right of use to planting, the swimming pool and drainage.
At a glance
A garden is sold in two ways. With a house it is part of the property. With a garden-level flat it is either private property or common property that the lot has the exclusive right to use, and the co-ownership rules say which. In both cases the size of the plot is neither the living area nor the Carrez surface.
What the law says
A flat's garden. As with a terrace, the co-ownership rules decide. The garden of a ground-floor flat is often common property for private use: you use it alone, but it belongs to the co-ownership, and heavy upkeep, such as felling an old tree, is settled as the rules say. It is not in the surface stated under article 46 of the law of 10 July 1965.
Planting and neighbours. The Civil Code sets planting distances from the boundary: two metres for trees taller than two metres, and fifty centimetres for other planting. A neighbour can ask for branches overhanging their land to be cut back.
Swimming pool. As a general rule, a pool of 10 to 100 m² needs a prior declaration at the town hall, and a larger one a building permit (Code de l’urbanisme). The law requires a standardised safety device: a barrier, an alarm, a cover or a shelter.
Drainage. For a house not connected to the mains sewer, the inspection of the private drainage system is among the diagnostics provided at the sale.
Checks before an offer
- The plot size in the land register and in the deed, separate from the living area.
- For a flat: the co-ownership rules, the exclusive right of use, and who pays to maintain trees and fences.
- The exact boundaries, the fence, any easements and rights of way, to be read in the title deed.
- Trees near the boundaries and the house: distances, roots, height.
- For a pool: the town hall declaration, the safety device and the state of the pump room.
- The local urban plan: where building is still allowed, green areas to keep, possible extension.
- Flood and run-off risk, shown in the risk statement attached to the preliminary contract.
Where to find a garden
The houses with gardens in the selection are mostly in Hauts-de-Seine, Val-de-Marne, Yvelines and in the regions (PACA, Corsica, Basque Country and Landes). In Paris, a garden comes with a garden-level flat in the greener arrondissements, such as the 14th and the 16th.
Properties for sale with a garden
Garden-level flat with 1,000 m² garden, Buzenval
4 rooms with 130 m² garden, Le Kremlin-Bicêtre
150 m² house with garden, Guyancourt
54 m² 2-room flat with 25 m² garden, Pernety
44 m² 2-room flat with 75 m² garden, Convention metro
215 m² flat with 14 m² balcony overlooking the Ranelagh gardens
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Frequently asked questions
Does the garden of a flat belong to me?
It depends on the co-ownership rules. Often the garden of a ground-floor flat is common property that your lot has the exclusive right to use: you use it alone without owning it. The right must be written in the rules and repeated in the sale deed.
How far from the boundary can I plant a tree?
Under article 671 of the Civil Code, at least two metres for a tree taller than two metres, and at least fifty centimetres for other planting, unless local custom or an agreement says otherwise. A neighbour can ask for trees planted closer to be uprooted or cut down to size.
Do I need permission to build a swimming pool?
As a general rule, between 10 and 100 m² a prior declaration at the town hall is needed, and above 100 m² a building permit. The local urban plan can add conditions, for example on ground coverage or distance from boundaries.
Is the garden counted in the living area?
No. Living area and Carrez surface count enclosed, roofed rooms only. The size of the garden or plot is given separately in the listing and in the deed.
What should I check for the drainage of a house?
If the house is on the mains sewer, the connection certificate. If not, the inspection of the private drainage system, attached to the sale diagnostics. A non-compliant system can force works within a period set by the town.
Does a garden need a lot of upkeep?
It depends on its size and planting. A 100 m² lawn-and-border garden needs regular mowing, pruning and watering; a large wooded estate needs a gardener. Estimate that cost before an offer.
Updated 14 October 2026. Sources: law of 10 July 1965, Légifrance, Civil Code, article 671.
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Related reading
Other areas
Same group: luxury-real-estate-paris.com (luxury properties in Paris) deferla.com (the agency network, valuations and buying) choisirsonagence14e.com (how to choose an agency in the 14th).