Is the courtyard on the first floor an illegal building?

Legal analysis: If the yard is personal property, it is ok to build a building reasonably. It doesn't affect neighbors. It's not illegal. If there is no property right in the courtyard on the first floor, according to the property law and property management regulations, any construction is illegal and infringing.

Legal basis: People's Republic of China (PRC) Urban and Rural Planning Law.

Article 40 For the construction of buildings, structures, roads, pipelines and other projects in urban planning areas and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the people's government of a city or county or the people's government of a province, autonomous region or municipality directly under the Central Government for a construction project planning permit. To apply for a planning permit for a construction project, the relevant certification documents for land use, the design scheme of the construction project and other materials shall be submitted. A detailed construction plan shall also be submitted for a construction project that requires the construction unit to prepare a detailed construction plan. To meet the regulatory detailed planning and planning conditions, the competent department of urban and rural planning of the people's government of the city or county or the people's government of a town determined by the people's government of a province, autonomous region or municipality directly under the Central Government shall issue a planning permit for construction projects. The competent department of urban and rural planning of the people's government of a city or county or the people's government of a town as determined by the people's government of a province, autonomous region or municipality directly under the Central Government shall publish the general plan of the approved detailed planning and design scheme of the construction project according to law.

Article 64 Where a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government at or above the county level shall order it to stop construction; If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.