Reply To: Sukkah built in an area which requires a city permit but no permit was gotten

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smerel
Participant

The R’MA says a sukkah cannot be built on public property (R’Shus H’Rabim) The later Achronim discuss to what degree the RMA meant it. All agree that the R’MA was not speaking about a case where you got a permit. The Biur Halacha even seems to say that if your backyard is government owned land but nobody ever goes there or uses it and the government doesn’t place any restrictions on things like your kids playing there then you can make a sukkah there even without a permit.

If this is relevant ask your LOR