A residential building can open under the catering
need to obtain the consent of the surrounding neighbors and other relevant stakeholders in advance, consent can be carried out after the back of the program, otherwise not. At the same time, we must pay attention to do a good job of fumes and sewage discharge, otherwise it will affect the living environment of the residents of the neighborhood. Open catering should also pay attention to good sewage and fumes discharge work, but also to deal with the noise problem caused by the opening of catering, to ensure that in the case of not affecting the surrounding tenants can only be opened under the residential building catering. According to China's "Civil Code" Article 272: the owners of the exclusive part of the building enjoy the right to possession, use, income and disposal, the owners of the exercise of rights shall not jeopardize the safety of the building, shall not be detrimental to the legitimate rights and interests of other owners. According to Article 81 of the Air Pollution Prevention and Control Law, operators of food and beverage services that emit fumes should install fume purification facilities and keep them in normal use, or take other fume purification measures so that fumes are discharged in compliance with the standards and to prevent pollution of the normal living environment of nearby residents. Prohibited in residential buildings, not supporting the establishment of a special flue of commercial and residential complexes, as well as commercial and residential complexes and residential floors adjacent to the commercial floors of the new construction, alteration, expansion of the production of fumes, odors, emissions of food and beverage service projects. No unit or individual shall barbecue food in the open air in areas prohibited by the local people's government or provide sites for barbecuing food in the open air. 1, site selection should be reasonable. Site selection can not be located in residential buildings, not supporting the establishment of a dedicated flue commercial and residential complexes, commercial and residential complexes and residential floors adjacent to the commercial floor. 2, to install oil smoke purification facilities and maintain normal use, or to take other oil smoke purification measures, so that the oil smoke emission standards. The height and location of the oil smoke emission outlet do not affect the living environment of the surrounding residents, and the catering establishments that produce special odors should also install odor treatment facilities.The owners of the catering project, if they can do the above two points, generally will not face penalties, and actively negotiate to solve the problem.
Related legal basis:
The Civil Code Article 271 of the Building Ownership of the building owners of the exclusive part of the building, such as residential, business premises, and other proprietary part of the ownership of the proprietary part of the part of the outside of the *** have part of the right to enjoy the right to have *** have and *** with the management. Article 272 Rights and Obligations of Owners of the Proprietary Part Owners shall enjoy the rights of possession, use, income and disposal of the proprietary part of their buildings. The exercise of rights by the owner shall not jeopardize the safety of the building or impair the lawful rights and interests of other owners. The owner of the transfer of residential and business premises in the building, its **** have part of the **** enjoy the right to **** have and **** with the management of the transfer. The Law on Prevention and Control of Air Pollution Article 81 Catering service operators that emit oil smoke shall install oil smoke purification facilities and keep them in normal use, or take other oil smoke purification measures so that the oil smoke is discharged in compliance with the standards and to prevent pollution of the normal living environment of the nearby residents. It is prohibited to build, reconstruct, or expand food service projects that produce oil smoke, odor, and exhaust gas in residential buildings, commercial and residential complexes that are not equipped with a dedicated flue, and commercial and residential complexes that have commercial floors adjacent to the residential floors. No unit or individual shall barbecue food in the open air or provide a venue for barbecuing food in the open air in areas prohibited by the local people's government.Two, in the residential area to open the restaurant need to apply for the environmental guarantee
In fact, there is no "environmental guarantee" statement. If the market appears on the "environmental guarantee" words of the certificate, should be false. For the ecological environment department, there are two main procedures on hand. One is the environmental assessment. At present, according to the national EIA classification and management directory, catering project EIA category belongs to the EIA registration form, only need to register in the environmental impact registration form filing system can be. Due to the impact of this year's epidemic and the continued promotion of the EIA "management and service", Guangdong and other ecological and environmental departments have also introduced a number of reform measures, exempting catering and other projects from the registration form filing procedures, i.e., online registration is no longer required. Another is the sewage license. At present, the Ministry of Ecology and Environment has not included the catering industry in the scope of the registration and issuance of sewage licenses, and this procedure is also not required. In short, at present, catering projects do not need to do environmental procedures.