How to identify the small courtyard on the first floor as illegal?

The illegal construction of the yard on the first floor is identified as follows:

First of all, it depends on whether the owner's yard on the first floor has property rights. If so, building a house reasonably on your own land is personal freedom, not illegal construction. Secondly, with the approval of the planning department, the Ministry of Housing and Urban-Rural Development and other relevant departments, it is not illegal to build a building on the ground floor yard. If there are none of the above two, it is illegal construction. According to the property law and property management regulations, it is obliged to stop and forcibly restore the original state.

At present, there are the following types of illegal buildings:

1, which has been planned to occupy public places, public facilities or public green spaces;

2, not according to the unified planning drawings;

3. Private reconstruction and construction;

4, rural economic organizations of non-agricultural construction land or villagers occupied homestead illegal transfer of construction; Illegal transfer of non-agricultural construction land by the urbanization neighborhood Committee or joint-stock cooperative company of the SAR;

5. The non-agricultural land of rural economic organizations or the homestead occupied by villagers violates the city planning or exceeds the regulations of the municipal government;

6, privately change the functions of industrial plants, houses and other buildings;

7, overdue demolition of temporary buildings;

8 other construction in violation of the relevant provisions of laws and regulations.

Illegal construction refers to the construction, expansion and reconstruction of buildings without obtaining the construction project planning permit according to law or in violation of the provisions of the construction project planning permit. It mainly includes: house relocation after land acquisition and demolition according to law; Unauthorized transfer of land for building houses or building business houses; Building on the original homestead; Reconstruction and expansion of the old site. Its illegal acts can be divided into violation of planning and illegal occupation of land, and the applicable laws correspond to the Urban and Rural Planning Law of People's Republic of China (PRC) and the Land Management Law of the People's Republic of China.

Details are as follows:

1. Building without approval: As we all know, the construction can only be started after the requirements are put forward in advance and the construction land planning permit is obtained, otherwise it is illegal to build a house and it is very likely to face the danger of forced demolition.

2. Building a house with multiple homesteads: occupying multiple homesteads to build a house, to put it bluntly, means that one household has multiple houses, thus completely violating the "one household, one house" system. Therefore, it is necessary to meet the conditions of household division, thus becoming one household and one house, in order to make the building compliant, otherwise it is illegal.

3. Changing the building structure without permission: When required, everyone will note the building structure, height and area. After obtaining the construction land planning permit, unauthorized changes will also be classified as illegal construction. Once found, it is very likely to face the danger of forced demolition.

4. Buildings that change the nature of land use without permission: In addition, it is illegal to occupy agricultural cultivated land. The so-called agricultural land, to put it bluntly, is the land used for agricultural production, which is generally supervised by the state. If it is classified as illegal construction without consent, it is very likely to be in danger of being demolished.

5. Temporary buildings become permanent buildings: Because people need to build houses, they may build some temporary buildings, but they turn temporary buildings into permanent buildings privately, which becomes an expansion and selfish change of buildings, which is also attributed to illegal buildings, which will be forcibly demolished by relevant departments.

6. Violation of urban and rural construction planning: For the development of rural areas, local governments will carry out corresponding urban and rural planning. If your house construction violates the urban and rural planning, it will also be classified as illegal construction and will be demolished. Therefore, before building a house, you must ask clearly in advance to avoid unnecessary losses and troubles.

Legal basis:

Article 40 of the Urban and Rural Planning Law: If buildings, structures, roads, pipelines and other projects are to be built in urban 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 town determined by the people's government of a province, autonomous region or municipality directly under the Central Government for a planning permit for the construction project. 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.