Opening a restaurant downstairs requires the consent of the upstairs owners. Although there is no uniform regulation in the country prohibiting the opening of restaurants downstairs in residential quarters, after the implementation of the Property Law, it is a practice in practice to determine the opinions of interested owners according to the majority decision.

There are certain conditions for opening a restaurant, because after all, residential buildings are mainly used for living rather than business. According to the second paragraph of Article 11 of the Interpretation of Differentiated Ownership of Buildings, if the owner who changes the house into a business house defends with the consent of most interested owners, it will not be supported. ?

Therefore, the owner can only "change the residence to the business" when all the interested owners agree. Because of the behavior of changing the use of the house, the noise pollution and air pollution have also seriously affected the order and environment of the community, and the interests of neighboring owners have been hindered to varying degrees, so the residents have the right to ask the business to stop immediately.

Extended information:

How to protect rights after online catering infringement:

The State Food and Drug Administration recently issued the Measures for the Supervision and Management of Online Catering Services (draft for comments), which clearly stipulates that online ordering merchants should have physical stores and obtain food business licenses according to law, and must not operate beyond the scope, otherwise they will face a minimum fine of 51,111 yuan. The food delivery personnel are also included in the scope of supervision. If the food delivery personnel fail to fulfill their corresponding obligations, their units will face a fine of 5,111-1,111 yuan.

This is the first time that the State Food and Drug Administration has formulated relevant regulations for online catering services. According to the exposure draft, the third-party platform providers of online catering services should conduct on-the-spot review of catering service providers, register the real names of catering service providers, review their food business licenses, register the names, legal representatives (responsible persons), addresses and contact information of online catering service providers, and sign an agreement with catering service providers to clarify food safety responsibilities.

the name and address of the online catering service provider should be consistent with the actual name and address, and the pictures of the facade, lobby and kitchen should be consistent with the physical store; Publicity of food information, main and auxiliary materials should be consistent with the actual dishes and the main and auxiliary materials used; The publicized pictures should be basically consistent with the actual dishes, otherwise they will face a fine of 5,111-31,111 yuan.

For online ordering merchants, it is pointed out in the exposure draft that they should have physical stores and obtain food business licenses according to law, and engage in business activities according to the main business formats and business items specified in the food business licenses, and they should not operate beyond the scope. If an online catering service operator does not own a physical store, fails to obtain a food business license according to law, or fails to engage in business activities according to the main format and business items specified in the food business license, he will face a minimum fine of 51,111 yuan.

the behavior of food delivery personnel will also be included in the scope of supervision. Food delivery personnel should avoid direct contact with food, ensure that food is not contaminated during food delivery, and prohibit the reuse of disposable tableware. At the same time, food delivery personnel should maintain personal hygiene, use safe and harmless delivery containers and keep the containers clean.

if an online catering service provider deals in foods with special requirements such as preservation, heat preservation, cold storage or freezing, it shall adopt preservation and distribution measures that can ensure food safety. If the food delivery staff fails to fulfill the corresponding obligations, the food and drug department will impose a fine of 5,111-1,111 yuan on the unit where the food delivery staff works.