Is it legal for developers to give residential green space to 1 building owners as private gardens?

Now many people find that the residential green space is given to the owner of 1 floor as a private garden after buying a commercial house. Because of this, many owners think it is very unreasonable and infringe on the legitimate rights of all community owners. Because some developers often claim that "(the owner) bought the first floor (the developer) and sent it to the garden" in order to sell the floors that were not sold well.

In fact, this behavior violates the Regulations on Property Management promulgated by the State Council, which stipulates: "The owner shall not dispose of the ownership or use right of the parts and facilities of the property according to law." The garden on the first floor belongs to the public part of the community and is shared and used by all the owners of the community. Real estate developers have no right to dispose of public parts at all.

Many owners originally took a fancy to the developer's house because of its relatively high greening rate and beautiful environment, but the public green space was occupied, planting vegetables and putting up tents, which completely affected the landscape of the community and obviously changed the environment when buying a house. Some of them were unacceptable and deeply helpless.

In addition, China's "Property Law" also clearly stipulates that the green space within the building division belongs to the owner, except for urban public green space or express individuals. In general, the ownership of green space in residential areas is initially presumed to be owned by the owner. When buying a house, citizens must write it into the purchase contract if they encounter a garden green space given by a developer, and ask them to register, put on record and publicize this content in the relevant administrative organs to clarify the ownership. Only after obtaining legal proof can they regard this as private property.

Therefore, it is impossible to oppose the public interests of all owners and privatize all owners' * * green space only by the verbal commitment of developers or the issuance of written contracts and certificates.