1. If the real estate license indicates that it is commercial, it can be operated, otherwise it can't;

2. Secondly, it is necessary to obtain the signature and consent of all the residents upstairs, so that the restaurant downstairs can legally and reasonably appear in the community.

Underground restaurants not only affect the lives of residents in residential areas, but also have fire safety hazards such as gas and electricity consumption. There are no fire checkpoints in the approval process of catering industry, and there are restaurants on the ground floor of high-rise buildings. Because of its special geographical location, fire safety hazards can not be ignored.

Procedures for applying for opening a restaurant:

1. Apply to the industrial and commercial department for name pre-approval and registration;

2. Apply for a catering business license;

3. Apply to the environmental protection department for EIA inspection;

4. Apply to the fire department for a fire safety license;

5. Apply for a business license from the industrial and commercial department;

6. Apply to the tax authorities for tax registration.

In the main urban area, new urban areas and new urban areas, new catering service projects that may produce smoke and dust shall be publicized in advance by operators, and opinions of surrounding units and residents shall be solicited in writing. When submitting the environmental impact assessment report to the environmental protection department for examination and approval, the operator shall explain the adoption of public opinions and submit it to the administrative department for industry and commerce and the administrative department for health for the record. The environmental protection department shall verify the public opinions before making an administrative license. According to the Property Law, the facade rooms downstairs in residential areas must obtain the consent of neighboring neighbors and other relevant stakeholders in advance before opening hotels. If not, the relevant interests can complain to the industrial and commercial department or directly sue.

Legal basis:

People's Republic of China (PRC) Air Pollution Prevention and Control Law

Article 81

The catering service operators who discharge lampblack shall install lampblack purification facilities and keep them in normal use, or take other lampblack purification measures to discharge lampblack up to the standard to prevent pollution to the normal living environment of nearby residents.

It is forbidden to build, rebuild or expand catering service projects that produce oil smoke, odor and waste gas in residential buildings, commercial and residential buildings and commercial floors adjacent to residential floors in commercial and residential buildings without special flues.

No unit or individual may barbecue food in the open air or provide a venue for barbecue food in the area prohibited by the local people's government.