Law changes explain
With the economic development, in the case of the building district ownership, the owner of unauthorized change of residential housing in the district into restaurants, entertainment and other commercial premises, as well as the operation of the company, service industry and other business premises, the practice will be referred to as "live in the business". "Residential to commercial". "Residential to commercial" may cause to and from the community of outsiders clutter, increase community insecurity; interference with the normal life of the owners, resulting in community parking spaces, elevators, water, electricity and other public **** facilities, such as the use of tension and other issues. Article 279 of the Civil Code made it clear that the "residential to commercial" interested owners should not apply to the "majority decision", clearly stipulated as the need for unanimous consent of the owners of the interested parties. Decision rules Mobile operators unauthorized in the residential district building set up industrial communication base station, engaged in business activities, should be recognized as the law prohibits the "residential to commercial" behavior - Zhao Mougang, etc. v. a mobile operator owners *** right to Dispute case case gist: mobile operators without the consent of the owners of the interested parties, unauthorized in the residential district building set up industrial communications base station, engaged in wireless communications operations, the behavior of the original nature of the residence is contrary to the need for specific use of proprietary part of the roof of the reasonable use of the roof of the ****, constitutes an infringement of the **** right of ownership, should be recognized as a legally prohibited "Residential to commercial" behavior. Court:Jingzhou Intermediate People's Court, Hubei Province The housing user who changes the residence into a business house shall bear the same legal obligations as the owner, and in addition to complying with the laws, regulations, and management statutes, it shall also be subject to the consent of the owners who have an interest in the house - Zhang Mou v. Zheng Mouwei, a network communication co. Wuhan Branch Building Ownership Dispute Case summary: In the case of building ownership, even if the owner's use of the house does not cause noise, sewage, odor and other impacts on other owners, as long as the use of the house is changed from personal, family daily life for residential use to business, industry, tourism, office and other business activities, it can be It is recognized that the act affects the peaceful life of the owner, and belongs to changing the residence into a business house, which should be handled in accordance with the regulations on the change of residence use by the owner. Housing users will change the residence for business purposes, should bear the same legal obligations with the owners, in addition to compliance with laws, regulations and management statutes, but also by the unanimous consent of the owners of the interested party. Court: Wuhan Intermediate People's Court, Hubei Province The owners shall not violate the laws, regulations and management statutes, will be changed to business premises - ChaiMouHong and HeMouXing owners of proprietary disputes Case summary: the owners will be changed to business premises, in addition to comply with the laws, regulations and management statutes, shall be subject to the unanimous consent of the interested owners. In addition to compliance with laws, regulations and management statutes, should be unanimously agreed by the owners of the interested. The owner did not get as the building as the consent of the other owners of the building, unauthorized use of the case for residential housing for business use, infringing on the rights of the other owners of the building, the other owners of the building as the interested owners have the right to require the restoration of the use of housing residential use. Case number: (2015) Bin Gong Min Chu Zi No. 1403 Court of Appeal: Tianjin Binhai New Area People's Court The owner changed the residence into a business use without authorization, and the interested owners have the right to request the removal of obstruction, elimination of danger, and restoration of the original state - Li Moufeng, Zhang Moumei, etc. and Li Mouqi, Zhang Mou exclusion of nuisance dispute case gist: the owner of the case of residential change into business premises, leasing others to run a restaurant, without the approval of the permit, and did not obtain the consent of the other interested owners, the owner's behavior of the case of the structural safety of the building to leave a security risk, and to the adjacent owners of the residential living environment caused by certain pollution and damage, damage to the legitimate rights and interests of the owners of the interest The interested owners have the right to request the removal of obstruction, elimination of danger, restoration of the original state or compensation for damages. Case number: (2015) Yimin four final word No. 1158 Court: Yantai Intermediate People's Court of Shandong Province Judicial Opinion 1. How to determine the scope of the interested owners The definition of the interested owners, not only to consider the impact on the owners of the residence, the living environment of the safety and tranquility of the impact or possible impact, but also should be considered. Consider the impact on the value of their proprietary part of the real estate. In practice, in determining whether a certain owner is an interested owner as referred to in this Article, attention should be paid to the following points to determine that, firstly, it should have the status of an owner as stipulated by law. In practice, it shall be recognized that the property user who specifically resides or uses the property based on the contract or the law in accordance with the circumstances stipulated by law has the same rights as the owner. Secondly, the legal rights of the owner must be or may be infringed upon, here the legal rights refers to the owner as the owner of the building enjoys specific rights, such as **** right, distinction exclusive right. Third, the damage and "live to business" between the owners of the behavior of the legal causal relationship. From the location of the building, the other owners of the building is of course interested owners, but it is not appropriate to the entire district of all owners are recognized as the law of the interested owners. In practice, there is a possibility that the building zoning outside the building owners also have an interest in the "residential to commercial" behavior, but this part of the owners of the scope is difficult to uniformly delineate. If the owner of a building outside the zoning district claims to have an interest in the conversion, he or she shall prove that the interest exists, i.e., that the value of his or her house or the quality of life has been or may be adversely affected. When there is a neighborhood owners have rented out their homes, lending and other circumstances, should also be given to non-owners of property users the same right to object. 2. Without the unanimous consent of the interested owners, what are the legal consequences? The provisions of this article, "live to business" behavior of the legitimacy of the need to meet the two conditions: compliance with laws, regulations and management statutes; should be unanimous consent of the interested owners. Without the unanimous consent of the interested owners, its behavior still does not have the legitimacy. Therefore, this article in fact has become a "residential to commercial" owners of the consequences of the damage arising from the corresponding civil liability of the legal basis. It is worth noting that, "property law" provides for the owners of residential change for business purposes, in addition to comply with laws, regulations and management statutes, should be by the consent of the owners of the interested party. In practice, some practices are in accordance with the majority to determine the views of the interested owners, which is contrary to the original legislative intent, therefore, this article specifies the "residential to commercial" the views of the interested owners should not be applied to the "majority", expressly stipulated for the need for the unanimous consent of the interested owners. Therefore, this article clarifies that the opinion of the interested owners of a "residential conversion" should not be subject to "majority decision" and that the unanimous consent of the interested owners is required. However, it should also be clear that, in the "residential to commercial" issue, the unanimous consent of the interested owners is only a necessary condition, the owners will be residential to business premises must comply with the laws, regulations and management statutes, these two conditions must be available at the same time, the absence of which can be reasonable and lawful change of residential premises for business premises. In practice, some of the "residential to commercial" owners to its has been for business registration and obtained a business license for the reason that the legitimacy of its behavior, used to fight against the objections of the owners of the interested parties. The fact that the owner of the "residence to business" has applied for industrial and commercial registration and obtained a business license does not change the lack of legality of its actions. The fact of business registration and obtain a business license belongs to the scope of administrative registration and licensing, which does not involve the parties "residential to commercial" civil behavior effectiveness. This fact can not limit the effectiveness of the provisions of this article. (From: the supreme people's court civil code implementation of the work of the leading group edited by the Chinese people's *** and the national code of understanding and application of property rights (on), the people's court press published in 2020, pp. 384 ~ 386.) Related Laws The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Distinctive Ownership of Buildings Article 1 A person who acquires ownership of the exclusive part of a building by registration in accordance with law or in accordance with the provisions of Articles 229 to 231 of the Civil Code shall be deemed to be an owner as referred to in Chapter 6 of Part II of the Civil Code. Those who have legally taken possession of the exclusive part of the building based on the civil legal act of purchase and sale of commercial properties with the construction unit, but have not yet registered their ownership in accordance with the law, may be recognized as the owners referred to in Chapter 6 of Part 2 of the Civil Code. Article 10: If an owner changes his residence into a commercial building without the unanimous consent of the interested owners in accordance with the provisions of Article 279 of the Civil Code, and if the interested owners request the removal of nuisance, elimination of danger, restoration of the original state, or compensation for damages, the people's court shall support the request. The owner of the residential change into business premises to the majority of interested owners agree to defend their actions, the people's court shall not support. Article 11 The owner of the residence will be changed to business premises, the other owners of the building, shall be recognized as Article 279 of the Civil Code referred to as "interested owners". Owners outside the building who claim to have an interest in the building shall prove that the value of their homes and the quality of their lives have been or are likely to be adversely affected.The rental house is so dirty that the landlord refused to accept, idle for a year of 500,000 losses who bear? The court ruling came
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