The state stipulates that the first floor should have a small courtyard.

The state has no clear right to the small courtyard on the first floor of the building, which needs to be determined by the developer; The small courtyard on the first floor belongs to the green space within the building division, which is generally shared by all owners, but individuals can obtain it if there are clear regulations.

General situation department;

1. Small courtyard clearly owned by individuals in the planning.

According to the relevant regulations, the courtyard on the first floor of the residential area is a green space within the building division, so it belongs to the owner unless it is clearly stated that it belongs to an individual. According to the relevant provisions of the Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Building Ownership Disputes (Draft for Comment) issued by the court, the part of green space that belongs to individuals should be identified as green space that clearly belongs to individuals.

2. The small courtyard on the first floor that all owners agree to be sold or donated by real estate development enterprises.

The small courtyard on the first floor belongs to all owners except individuals. If a developer wants to sell or give a small courtyard on the first floor, it must be approved by all the owners, otherwise the sale or gift will be invalid.

3. Yard owned by all people

If the ownership of the small courtyard is not clearly stipulated in the plan, and the developer did not clearly stipulate the ownership of the small courtyard when signing the contract with the owner, then the small courtyard belongs to all the owners of the community, and it is invalid for the developer to sell or give the small courtyard, because the developer has no right to dispose of it.

Legal basis:

Article 272 of the Civil Code

Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 274

Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.