When so many flats in urban areas lack green garden space, residents who do share a communal garden will surely want to make the most of their luck. It would be a shame to see the garden neglected rather than enjoyed.
Of course, while everyone loves a well-kept garden, we are not all so keen on doing (or paying for) the work involved in keeping it that way. Managing the space well means it can be enjoyed by everyone living in the building, as well as increases the ‘kerb appeal’ of the building and potentially boosting the value of individual flats.
The ultimate day-to-day responsibility lies with the freeholder or block management company, but they are not actually required to do more than the bare minimum and are unlikely to do so unless actively encouraged by leaseholders.
Want to create a better garden?
The first step is to canvass opinion. If there is a consensus that residents want to invest in the garden and are happy to pay accordingly, we suggest setting up an informal committee and task the members with producing a comprehensive plan.
Do have a realistic budget in mind before they start. Is it a case of a few extra shrubs or are you looking to create raised beds, relay a lawn and buy outdoor furniture? Do fences need replacing? What’s the timescale? What will be involved in ongoing upkeep?
You may want to ask a professional gardener for ideas and to quote for a planting plan for borders and beds with appropriate species for your area and soil conditions.
Who will pay?
It is likely that maintenance and improvement of the shared garden space will simply be added to shared service charges but do check the lease just in case there are clauses that prevent this. While current leaseholders may agree, future newcomers might dispute the charges, and you don’t want to store up trouble for the future.
If you are adding the project to the service charge budget, remember there is a need for formal consultation if it will cost any individual leaseholder more than £250 (including VAT).
You could argue that the garden is a series of small jobs, none of which breach the consultation threshold, but could then find yourself in front of a tribunal that does not agree. So, it’s worth sending every leaseholder a proposal and estimates for the whole project and formally inviting them to submit an alternative estimate.
The consultation process is there to protect leaseholders from huge, unjustified costs for major works such as roof and lift replacement and can take many months. However, if you’ve got this far by committee and general agreement, you can probably expect everyone simply to agree by return, and work can go ahead.
Whether your budget calls for formal consultation or not, it makes sense to be sure that everyone understands the plan and expected outcomes before work – and expenditure – starts.
Who will do the work?
Larger buildings are likely to employ gardeners, while but smaller blocks may decide to self-manage the garden, with keen gardeners who live in the building doing some or all the work.
Bear in mind that enthusiasm may wane, and that people move away, so you may need to call on professional help in future years.
Setting the ground rules
You also need to ensure that everyone is clear on what they can expect from the garden. This is where setting ground rules comes in and we’ve listed some ideas below.
You may need to agree the ground rules for the garden over and above what is already in the lease (which may be very little). Most leases have clauses that allow the management company to make reasonable rules.
Here are some key considerations when agreeing rules.
Smoking: This is an easy one. The national smoking ban states that all public places and common areas of communal accommodation must be smoke-free. It’s the law, there’s no leeway unless you want to build a smoking shelter and have room for a designated space.
Gardening and storage: Residents can be asked to consult the garden committee or management company before making changes to what plants or vegetables are grown and where. The same applies to building sheds or garden/bike storage boxes.
Noise levels: Noise restrictions in the garden can be applied at all times, not just in the designated quiet hours for the block (typically 11pm to 7am). This can avoid problems with loud music and hobbyists using power tools for hours on end.
Pets: It is not unusual to request that dogs are kept on leads and obviously owners must clean up after their pets. You might also place restrictions on certain breeds and require muzzling.
Children: It is reasonable to ask that children are supervised and restrict ball games in confined spaces where your precious new plants, not to mention windows, are at risk.
Obstructions: Do ask that pathways are always be kept clear to make sure everyone can enjoy their garden.
Laundry: We know drying laundry can be a challenge in a flat but hanging it in the shared garden is rarely acceptable. Many leases already prohibit it.
Fire risk: Barbecues should be strictly controlled, if not prohibited, and never left unattended.
Security and safety: Everyone should accept responsibility to keep gates and communal doors secure, as well as a general responsibility to keep the garden safe.
Insurance
Your buildings insurance should cover any permanent sheds or outhouses for damage but do make sure your broker is aware of what you have.
Landlords’ contents insurance should be considered to cover items like lawnmowers, tools, and furniture. Most buildings insurance policies for blocks of flats will automatically include an element of landlord’s contents cover for communal areas but be sure to tell your insurer if you have an outhouse full of gardening equipment or outdoor furniture.
Leaseholder’s personal belongings, such as bikes and golf clubs will not be covered by the landlords’ contents clauses in the building’s insurance policy and are the owners’ responsibility.
Don’t forget to double-check your insurance cover – if you are with the Gallagher block of flats team, you may already have cover but do give us a call any time to make sure.
We would love to hear your garden success stories and how you managed the project for success.
Let’s all pay a part in helping our towns and cities breathe.
Disclaimer:
The sole purpose of this article is to provide guidance on the issues covered. This article is not intended to give legal advice, and, accordingly, it should not be relied upon. It should not be regarded as a comprehensive statement of the law and/or market practice in this area. We make no claims as to the completeness or accuracy of the information contained herein or in the links which were live at the date of publication. You should not act upon (or should refrain from acting upon) information in this publication without first seeking specific legal and/or specialist advice. Arthur J. Gallagher Insurance Brokers Limited accepts no liability for any inaccuracy, omission or mistake in this publication, nor will we be responsible for any loss which may be suffered as a result of any person relying on the information contained herein.
FP1083-2025b