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Is it illegal for my neighbor downstairs to open a restaurant and build a smoke exhaust pipe without permission?

illegal.

According to the Property Law of the People's Republic of China:

Article 86 Adjacency between water use and drainage

The owner of real estate shall provide necessary convenience for the neighboring owner to use water and drainage. The utilization of natural running water should be reasonably distributed among the adjacent owners of real estate. The discharge of natural running water should respect the natural flow direction.

Article 87 Right of way in adjacent relations

The owner of a real estate shall provide necessary convenience for the adjacent owner to use his land due to passage, etc.

article 88 using adjacent land

if the right holder of real estate has to use adjacent land and buildings for building, repairing buildings and laying wires, cables, water pipes, heating and gas pipelines, the right holder of such land and buildings shall provide necessary convenience.

Article 89 Provisions on Ventilation, Lighting and Sunshine

When building a building, it is not allowed to violate the relevant national engineering construction standards and interfere with the ventilation, lighting and sunshine of adjacent buildings.

Article 91 It is forbidden to discharge or discharge pollutants between adjacent real estates

The owner of real estate shall not abandon solid waste in violation of state regulations and discharge harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic wave radiation.

article 91 safeguarding the safety of adjacent real estate

the owner of real estate shall not endanger the safety of adjacent real estate by digging land, building buildings, laying pipelines and installing equipment.

Article 92 Avoid causing damage when using adjacent real estate

If a real estate holder uses adjacent real estate for water use, drainage, passage, pipeline laying, etc., he shall try his best to avoid causing damage to the adjacent real estate holder; If damage is caused, compensation shall be paid.

Extended information:

According to the Property Law of the People's Republic of China:

Article 35 The right to claim for eliminating the obstruction or danger

Where the property right is obstructed or may be obstructed, the obligee may request to eliminate the obstruction or danger.

Article 36 Right of claim for repair, rework, replacement or restitution

If the real estate or chattel is damaged, the obligee may request repair, rework, replacement or restitution.

article 37 claims for damages and other civil liabilities

if the property right is infringed upon, thus causing damage to the obligee, the obligee may claim damages or bear other civil liabilities.

article 38 the single use and combination of the methods of property right protection and the application of the three major legal liabilities

the methods of property right protection stipulated in this chapter can be applied separately or in combination according to the situation of infringement of rights. Infringement of property rights, in addition to civil liability, in violation of administrative regulations, shall bear administrative responsibility according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Baidu Encyclopedia-Property Law of the People's Republic of China