Garden Maintenance Costs in an Italian Condominium: Who Pays What

The shared garden of an Italian condominio is a common part like any other, with one twist: its upkeep follows its own seasonal rhythm and often coexists with areas reserved for exclusive use. Here is how the costs are allocated in practice.

Garden maintenance costs are a recurring line item in the budgets of Italian condominiums with shared green areas: pruning, mowing, irrigation, fertilizing, replacing plants, and maintaining internal pathways all fall under this heading. Unlike the roof terrace or the elevator, the shared garden is not governed by a dedicated article of the Civil Code, so allocating garden maintenance costs follows the general rule based on ownership shares, with a few practical nuances worth understanding: portions reserved for exclusive use, bylaws that set different criteria, and the line between ordinary and extraordinary maintenance.

The garden as a common part under Article 1117

A garden surrounding the building, when it serves the enjoyment of all owners, falls among the common parts presumed by Article 1117 of the Civil Code, unless a title states otherwise. In the absence of a deed assigning exclusive ownership to a single owner or excluding it from the condominium, the garden belongs to all participants in proportion to their respective shares, exactly like the courtyard or the entrance hall.

The ordinary allocation criterion

Unless the contractual bylaws or an assembly resolution introduce a specific and legitimate alternative criterion, garden maintenance costs are shared according to each unit's general ownership shares, that is, in proportion to the value of each property. This reflects the general principle of Article 1123, which ties the contribution to expenses to the value of each owner's property, unless a different agreement or a different use of the common asset justifies otherwise.

When part of the garden is reserved for exclusive use

It is common for part of the garden to be assigned for exclusive use to one or more owners, typically the owners of ground floor units, through an assembly resolution or a provision of the contractual bylaws. In these cases the ordinary maintenance of the reserved portion, such as mowing the lawn or tending the flower beds under exclusive use, is generally borne by the owner who benefits from it, while the costs relating to the shared parts of the garden remain allocated among all owners according to their shares. The deed establishing the exclusive use should clearly define which interventions remain the user's responsibility and which remain the condominium's, to avoid recurring disputes.

Ordinary maintenance versus extraordinary works

The distinction between ordinary maintenance and extraordinary works on the shared garden has practical consequences. Regular mowing, routine pruning, and seasonal irrigation fall under ordinary management and are normally approved in the annual preliminary budget. Removing a dangerous tree, replacing an entire irrigation system, or redesigning the garden layout instead has an extraordinary character and requires a specific assembly resolution, passed with the majorities set for that type of intervention.

The contract with the gardener or maintenance company

Care of the shared garden is almost always entrusted to an outside company or a gardener under a continuing contract, whose selection and renewal fall to the assembly on the property manager's proposal. The contract should specify the frequency of visits and which services are included, such as mowing, pruning, and fertilizing, and which are excluded, to avoid misunderstandings over additional costs that may arise during the year, for instance to clear branches after a storm.

Dangerous trees and liability

When a tree in the shared garden shows signs of instability or poses a hazard to people or property, the property manager has a duty to act promptly, having the tree assessed by a qualified arborist or forestry expert and ordering pruning or removal if necessary. Neglecting a warning can expose the condominium to liability for damage caused by property in its custody, following the same general principles applied to other common parts such as roof terraces and facades.

Changes to the garden and the building's overall appearance

Interventions that significantly alter the garden's appearance, such as replacing existing plant species with visually very different ones or building new paths and structures, should also be assessed from the standpoint of the building's overall aesthetic coherence, and not only from a planning permission perspective if they involve construction works. Good practice is to submit such projects to the assembly with a technical report, so owners can give informed consent before work begins.

Building the garden into the annual management plan

A sound annual management plan includes a dedicated budget line for the green areas, accounting for the seasonality of the work: maintenance between spring and summer is typically more intensive and costlier than in winter. Planning interventions ahead of time, rather than reacting to emergencies, helps keep costs under control and spreads the burden more evenly across owners' installments over the year.

A condominium management platform helps keep contracts, deadlines, and the allocation of garden costs under control alongside every other budget item, with clear reports for each owner. AmministraPro was built with exactly this kind of management in mind: you can see what it includes on the features page and check the costs on the pricing page.