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If it's just to raise flowers and grow grass, it's okay, but if it's fenced off and built into a house, it's illegal.
Handling of illegal construction:
1. Article 64 of the Urban and Rural Planning Law of the People's Republic of China stipulates that if the construction project planning permit is not obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped;
If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.
2. The law stipulates several different ways to deal with illegal buildings. Through the provisions of this law, we can see that not all illegal buildings must be demolished. For "illegal construction", according to different degrees of violations and historical reasons, a variety of treatment methods such as ordering to stop construction, correcting within a time limit, fines, and demolishing within a time limit should be adopted, rather than a one-size-fits-all forced demolition.
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No. Illegal construction mainly includes:
1. Buildings built without applying or applying for approval, and without obtaining a construction land planning permit and a construction project planning permit;
2. Buildings built without authorization to change the provisions of the construction project planning permit;
3. Buildings built without authorization that have changed the nature of use;
4. Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings beyond the validity period;
5. Buildings built by forging relevant materials to obtain permits from competent authorities.
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It depends on what you're going to do with the garden? If it's just to raise flowers and grass, it's fine, but if you fence it off and build a house, of course it's illegal. If you have a question, continue to ask. Satisfied.
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Legal analysis: If the fence of the yard on the first floor violates the urban and rural planning, it is an illegal construction. Construction in violation of urban and rural planning is considered illegal construction.
Those who carry out construction in violation of urban and rural planning shall be dealt with in accordance with law. Before the people at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law.
Legal basis: Article 24 of the Regulations of the People's Republic of China on the Expropriation and Compensation of Houses on State-owned Land.
The people's governments at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and deal with construction in violation of urban and rural planning in accordance with law. Before the people at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law. Compensation shall be given to those identified as legal buildings and temporary structures that have not exceeded the approved period; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.
First of all, it is necessary to see whether this garden is a gift from the developer, the area of the gift is not included in the real estate certificate, according to the property law, all the land and community ancillary facilities that are not in the owner's own real estate certificate are the public property belonging to all the owners, and the property is managed by the authorization of the owners' committee.
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