According to Article 279 of the People's Republic of China*** and National Code, owners may not change their residences into business premises in violation of laws, regulations and management statutes. In addition to complying with the laws, regulations and management rules, the owner shall obtain the unanimous consent of the interested owners if he changes his residence into a business premises.
Legal Basis
The People's Republic of China
Article 272: Owners shall enjoy the right to possess, use, gain and dispose of the exclusive part of the building. The exercise of rights by owners shall not jeopardize the safety of the building or impair the lawful rights and interests of other owners.
Article 278 The following matters shall be decided by the owners*** together:
(1) Formulating and amending the rules of procedure of the owners' meeting;
(2) Formulating and amending the management statute;
(3) Electing the owners' committee or replacing the members of the owners' committee;
(4) Selecting and terminating the appointment of a property service enterprise or other manager;
(v) Using the maintenance funds for buildings and their appurtenances;
(vi) Raising funds for the maintenance of buildings and their appurtenances;
(vii) Altering or reconstructing buildings and their appurtenances;
(viii) Changing the use of the ***owned portion or utilizing the ***owned portion to engage in business activities;
(ix) Concerning the * * * * have and * * * other significant matters relating to the right of co-management.
Owners *** with the decision matters, shall be by the proprietor of the exclusive part of the area of more than two-thirds of the owners and the number of more than two-thirds of the owners to participate in the vote. Decide on the matters specified in the sixth to eighth items of the preceding paragraph shall be agreed by the owners of more than three-fourths of the area of the proprietary portion of the voting and more than three-fourths of the number of owners participating in the vote. Decision on other matters in the preceding paragraph shall be agreed to by the owners of more than half of the area of the exclusive part of the voting and more than half of the number of owners participating in the voting.
Article 279 The owners shall not violate the laws, regulations and management regulations, the residence will be changed to business premises. Where an owner changes his residence into a business premises, in addition to complying with the laws and regulations and the management regulations, he shall obtain the unanimous consent of the owners who have an interest in it.
The Law of the People's Republic of China on Prevention and Control of Air Pollution
Article 81: Catering service operators emitting fumes shall 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 the nearby residents.
It is prohibited to build, reconstruct or expand new food and beverage service projects that produce oily smoke, odor and exhaust gas in residential buildings, commercial and residential complexes that are not equipped with a dedicated flue, and in commercial and residential complexes that have commercial floors adjacent to the residential floors.
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.