Is it illegal to grow vegetables on the roof in the civil code?

There is no exact provision for planting vegetables on the roof in the civil code, but planting vegetables on the roof violates the provisions in the Property Management Regulations.

The roof belongs to the owner. If some owners occupy it without authorization, the owners may complain to the owners' assembly or the owners' committee, and the owners' assembly or the owners' committee shall, in accordance with laws, regulations and management regulations, require the actor to stop the infringement, eliminate the danger, remove the obstacles and compensate for the losses. In addition, the owners can also bring a lawsuit to the people's court according to their legitimate rights and interests. If the owner really needs to change the use of public buildings and facilities, he shall inform the property management enterprise after handling the relevant formalities according to law. If the roof platform for planting vegetables is used in * * *, then the purpose of planting vegetables on the roof is not only to change the original plan, but also to violate the regulations.

The hazards of illegal buildings on the roof of residential quarters are:

1, the roof is the rainwater collection place, and the eaves and gutter have the function of sheltering and collecting rainwater. However, illegal buildings will destroy the direction of eaves and gutters, let rainwater drain directly from the top floor, scour the tiles on the outer wall, and cause water seepage on the outer wall and indoor mildew;

2. The top floor is a gathering place for sewage vents. Illegal buildings will destroy the vents or change the horizontal direction, resulting in water blockage, cross-flow of sewage at home, stinking, and excessive toxic gases;

3. The top floor is the place where the chimney smoke outlet is located. Illegal buildings will change the smoke outlet, lengthen, thin and change the direction of the smoke outlet, which will inevitably lead to poor smoke exhaust, inverted smoke and odor of residents downstairs;

4. The top floor is the gathering place of facilities and equipment such as elevator machine room and fire valves. Illegal buildings will inevitably interfere with equipment ventilation and maintenance, and even be dangerous;

5. Illegal buildings in brick or brick will inevitably increase the bearing capacity of the top floor, damage the pile foundation of the building, crack the wall of the building and affect the structure and safety of the building;

6. Unshielded illegal buildings can be seen at a glance, which will affect the appearance and image of the whole community, leading to a decline in the grade of the community and a corresponding depreciation of the value of the house;

7. Some owners will change the lightning protection facilities on the top floor during the period of illegal construction, some will be demolished, and some will move away, which greatly increases the probability of buildings being struck by lightning.

To sum up, the top floor belongs to public facilities according to the relevant property management regulations, and its original use cannot be changed. If it is illegal to grow vegetables on the top floor in principle, because it has changed its original use, the top floor belongs to the owner and cannot be used privately. Secondly, if the developer promises to buy the top floor and send it to the garden, it is illegal.

Legal basis:

Fiftieth "People's Republic of China (PRC) property management regulations"

Public buildings and facilities planned and constructed within the property management area shall not be changed.

If the owners need to change the use of public buildings and facilities according to law, they shall inform the property service enterprises after handling the relevant formalities according to law; If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law.