Condo Backyards: What Do You Own?

Updated Oct 10, 2026 · 8 min read

Is the Yard Part of Your Unit?

"Your yard" in a listing doesn't always mean you own the dirt. We searched the 2,180 NYC condo offering plans we have in full text, and the quotes below come word for word from 12 of them. Plans handle a yard in one of two ways.

Part of the unit. Some plans say the yard is simply part of your home, like a room without a roof:

“Unit 1 is allocated the rear yard which is part of the unit.”

836 Kent Avenue Estates Condominium, 836 Kent Avenue, Brooklyn · plan CD050503, p. 18

A limited common element with exclusive use. This is the other setup, and the phrase "exclusive use of the rear yard" alone turns up in 87 plans. A limited common element is a part of the building that all owners own together, but that only one unit, or a few, gets to use. You hold the key to the yard, but the condo as a whole owns it, and the board sets the rules:

“Units 1A and 1B will have exclusive use of the rear yard as a limited common element which shall be accessible directly from each unit's living room at the level of the first floor.”

40two Devoe Street Condominium, 42 Devoe Street, Brooklyn · plan CD210231, p. 37

The catch: when the yard is a limited common element, the board can regulate what you do out there, and you can't change it on your own. Either way, the right to use the yard goes with the unit.

Watch the square footage. The price list in the plan, called Schedule A, gives each home's size. The outdoor space usually isn't in that number:

“Outdoor floor areas of Back Yards or other outdoor areas, if any, appurtenant to a Unit were not included in the Unit's approximate floor areas.”

Portland Condominium, 104-112 South Portland Avenue, Brooklyn · plan CD240169, p. 18

Some Schedule As list outdoor area in a separate column; others don't. Look at the floor plans in Part II of the plan for the yard's actual outline.

What You Can Put in the Yard

Picturing raised beds, a shed and a hot tub? Read the rules first. Plans and their house rules often limit all three.

Plantings. Soil and planters are heavy, and a yard can sit over a cellar. One Brooklyn plan caps how tall your plants can grow:

“The type, size, height, weight and quantity of plantings and other installations to be placed on any Rear Yard and the rights of Unit Owners to decorate shall be subject to the prior written approval of the Condominium Board and applicable law. … In no event shall any plantings exceed three (3) feet in height.”

334 Union Street Condominium, 334 Union Street, Brooklyn · plan CD240233, p. 25

Structures. The same plan rules out anything permanent:

“No structures of any kind may be built in the Rear Yards, except for a removable one such as a tool shed.”

334 Union Street Condominium, 334 Union Street, Brooklyn · plan CD240233, p. 10

In another building, whatever you add is yours to look after:

“Any plantings, garden walls, display pools or fountains shall be the responsibility of the Unit Owner. The rear yard will be the Limited Common Element of Unit 1A.”

5-12 Condominium, 5-12 47th Avenue, Queens · plan CD220226, p. 38

Grills and hot tubs. Some plans allow grilling with board approval. Others ban it outright. Hot tubs are often off the table either way:

“No barbecuing is permitted on any rear yard, balcony, and/or terrace unless barbequing is not in violation of any municipal or fire code and prior written approval is received by the Board of Managers. … No above ground pools, hot tubs or similar type of equipment are permitted on any rear yard, balcony and/or terrace.”

31-41 29th Street Condominium, 31-41 29th Street, Queens · plan CD200179, p. 309

“There shall be no barbecuing or grilling in the Units, on Yards, Terraces or Balconies or in the Common Elements.”

90 Lexington Avenue Condominium, 90 Lexington Avenue, Manhattan · plan CD130276, p. 521

The catch: if a grill or a hot tub is part of why you want the place, find the rule in the plan's by-laws and house rules before you sign the contract, not after.

Who Fixes the Drains and the Fence

A typical split: you handle everyday upkeep, and the condo pays for structural repairs as a common expense, meaning everyone's common charges cover it. The details vary a lot from one building to the next.

Drains are often on you. A clogged yard drain can flood your home and the cellar, so plans spell it out:

“Unit Owners also shall be responsible for keeping the drains, if any, serving their patio, yard or terrace, free and clear of all dirt and debris so that the drain runs freely.”

374 Manhattan Condominium, 316 West 116th Street, Manhattan · plan CD050102, p. 21

The fence depends on the building. Two recent Brooklyn plans land on opposite sides. In one, the condo pays:

“Notwithstanding the foregoing, all maintenance, repairs, and replacement of any fence surrounding the rear yard will be the responsibility of the Condominium the costs thereof a Common Expense of the Condominium.”

426 2nd Street Condominium, 426 2nd Street, Brooklyn · plan CD240193, p. 122

In the other, you do:

“The owners of Unit 1 and their successors and assigns shall be responsible for the maintenance, repair and replacement of any paving, landscaping, fences, enclosures, walls, or other elements of the Yard, other than the Building walls, as required by Legal Requirements.”

286 1st Street Condominium, 286 1st Street, Brooklyn · plan CD240159, p. 32

The catch: ask who pays for the fence, the paving and the drains. It's a real cost of owning the yard, on top of your common charges.

The Building Can Still Come Through

Exclusive use isn't the same as keeping everyone out. Building equipment often sits in the yard, and the board needs to reach it:

“Although the rear yard is a limited common element for Unit 1B, the Unit Owner shall give access to the Board for maintenance and repair of HVAC and other equipment, if any, servicing other Units in the Condominium which are located in the rear yard.”

725 Lafayette Avenue Condominium, 725 Lafayette Avenue, Brooklyn · plan CD190333, p. 18

In some buildings the yard is also the way out in a fire. One plan routes every resident through the garden units' yards:

“In the event of an emergency, all occupants of the Building shall (1) vacate the Building via the fire escape, (2) access and cross the rear yards appurtenant to Unit 1 and Unit 2, and (3) utilize the gate located within the rear yard appurtenant to Unit 2”

76 1st Place Condominium, 76 1st Place, Brooklyn · plan CD240084, p. 290

That plan goes on to bar the yard owners from locking that gate or blocking the path with furniture.

The catch: if the yard holds condensers, a gate or an escape route, your privacy and your layout have limits.

What to Check Before You Sign

Take this list to a showing, or hand it to your attorney:

• Ownership. Is the yard part of the unit, or a limited common element for your exclusive use? Find the sentence in the plan and the declaration.
• Size. Is the yard's area in Schedule A, or only on the floor plans? Don't assume it's in the listed square footage.
• Plantings. Are there height, weight or approval rules for planters, trees and soil?
• Structures. Can you add a shed, pergola, deck or awning? Does it need board approval?
• Grills, fire pits and hot tubs. Allowed, allowed with approval, or banned? Check the house rules, not just the main plan.
• Drains. Where are they, and who keeps them clear? Ask if the yard has ever flooded.
• Fence, paving and walls. Who repairs and replaces them: you or the condo?
• Equipment and access. Is there HVAC equipment, a meter or a gas line in the yard? When can the board come in?
• Egress. Is the yard part of a fire exit route, or is there a gate other residents can use?
• Insurance. Does your policy need to cover the yard? Ask your broker, and check what the plan says about liability out there.

Every building page on The Condo Book Project links to its offering plan, and you can search all the plans for yard language yourself.

Related: NYC Condo Outdoor Space: Who Gets It · Condo Parking: Deeded Space vs. License