Is it illegal for residential villas to transform iron fences into brick walls? If it is illegal, which regulation has been violated.

Illegal use of houses shall not violate the law, hinder public interests or affect the exercise of rights and interests of others. This is called neighboring right in law. The neighboring right holders of real estate shall correctly handle the neighboring relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. If it causes obstruction or loss to the neighboring party, it shall stop the infringement, remove the obstruction and compensate for the loss.

Legal analysis

From the perspective of land ownership, the owner of each commercial house bought the commercial house, and at the same time obtained the land use right belonging to the house from the developer. When the transferee's land use right is obtained by the developer from the government, the planning and design requirements such as land use nature, floor area ratio, building density and building height are determined through administrative examination and approval and transfer contract. These requirements do not require property buyers to abide by, and land use may not be changed without the approval of relevant departments. Changing the land use without approval will face the risk of demolition. Land users who need to change the land use agreed in the land use right transfer contract shall obtain the consent of the transferor and be approved by the land management department and the urban planning department, re-sign the land use right transfer contract, adjust the land use right transfer fee, and register in accordance with the relevant provisions of this chapter. If your own house is legally built, it is illegal for your neighbor to tear down the wall without permission, which is an infringement. You can collect good evidence to object. You can claim your civil rights from the people according to law. Ask neighbors to stop the infringement, restore the original state and compensate for the losses.

legal ground

Article 311th of the Civil Code of People's Republic of China (PRC) * * * has no right to dispose of the transfer of real estate or chattel to the assignee, and the owner has the right to recover it; Unless otherwise provided by law, the transferee shall acquire the ownership of the real estate or chattel under any of the following circumstances: (1) the transferee acquires the real estate or chattel in good faith; (2) Transfer at a reasonable price; (3) The transferred immovable property or movable property that should be registered according to law has been registered, and the transferred immovable property or movable property that does not need to be registered has been delivered to the transferee. If the transferee obtains the ownership of real estate or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the unauthorized person. Where the parties have acquired other real rights in good faith, the provisions of the preceding two paragraphs shall apply mutatis mutandis.