Real Estate and Construction

Ground-floor apartment with a ‘private garden’: what are your rights to the yard?

A ground-floor unit with a “private garden” is hot property: green space, pets roaming, outdoor barbecues. But is the “private” yard really yours? The answer: usually not.

Yards are usually common property

Under Housing Law 27/2023/QH15, condominiums divide private ownership (units) from common ownership (corridors, stairs, yards, gardens, landscaping…). Ground-floor yards in most projects are common property of all owners — the developer cannot “sell” you a private yard. “Private garden” ads usually mean you’re granted exclusive management/use of that yard in practice, not ownership.

Check 3 documents

1. The sale contract: any clause on yard use rights? Area, scope, term? 2. The building management regulations: how is the yard classified — common or assigned? 3. A written agreement with the developer/management board on yard use (allowed: planting, furniture? forbidden: permanent structures, encroachment?).

Risks if unclear

A later management board may reclaim the yard as encroached common property; neighbors may complain; permanent structures on common land can face demolition orders. Don’t pour billions into landscaping a yard whose use rights are murky.

Frequently asked questions

1. Is a ground-floor yard privately owned?
Usually not — it’s common property, with the unit owner granted management/use per agreement.

2. Can I build on the yard?
Permanent structures usually forbidden; any improvement needs board approval.

3. Does yard-use right transfer on resale?
Depends on the original agreement; verify the sale contract and confirm with the board before buying.

4. Where are yard disputes resolved?
Negotiation → management board → People’s Committee → court, in order.

5. Should I pay extra for a ‘private garden’?
Only if use rights are written down (contract + regulations); never pay for verbal promises.

This article has been quality-reviewed by the FLAW AI Legal Council

This article provides general legal information and does not substitute advice for specific cases.