This article is about changing a residence into a business house, which means that changing a residence into a business house needs to meet the specified conditions.

When soliciting opinions on the drafting of the Property Law, many owners and members of the Standing Committee reported that at present, many owners of newly-built residential areas have changed their houses originally used for living into commercial houses without authorization, opening karaoke bars and restaurants, which has caused disorder in the residential areas and affected the normal conversation of other owners.

the state has no laws, regulations and other normative documents on this issue, resulting in great contradictions between owners and the lack of legal basis for management of property companies, so the Property Law makes this provision.

According to the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership of Buildings

Article 11 If the owner changes his residence into a business house without the consent of the interested owner in accordance with Article 77 of the Property Law, the people's court shall support the request of the interested owner to remove the obstruction, eliminate the danger, restore to the original state or compensate for the losses.

the people's court will not support the owner who changes the residence into a business house to plead with the consent of most interested owners.

article 11 when an owner changes his residence into a business house, other owners in this building shall be deemed as "interested owners" as mentioned in article 77 of the property law. In the building division, if the owners outside the building claim to have an interest in themselves, they should prove that their house value and quality of life have been or may be adversely affected.

Attached to the Property Law of the People's Republic of China

Article 77 The owner shall not change the residence into a business house in violation of laws, regulations and management regulations. Owners who change their houses into business houses shall obtain the consent of interested owners in addition to observing laws, regulations and management regulations.

Extended information:

Changing the residence into a business room such as catering and entertainment has brought many disadvantages. For example, there are too many people coming and going in and out of the community, and the outsiders are mixed and disorderly, which interferes with the normal life of the owners, causes the use of public facilities such as parking spaces, elevators, water and electricity in the community to be tense, causes the bearing capacity of the floor to be too large, and increases the unsafe and unstable factors in the community, which is very harmful.

on the other hand, changing a large number of residential buildings into business buildings for commercial purposes will also cause a large loss of state taxes and fees. Therefore, before the promulgation of the Property Law, existing laws and regulations have stipulated this. For example, Article 51 of the Property Management Regulations stipulates that public buildings and facilities built in the property management area according to the plan shall not be changed.

according to article 51 of the regulations on property management

owners and property service enterprises are not allowed to occupy or dig roads and sites within the property management area without authorization, which damages the interests of the owners.

if it is really necessary for the owners to temporarily occupy or dig roads and sites due to the maintenance of the property or public interests, they shall obtain the consent of the owners' committee and the property service enterprise; If the realty service enterprise really needs to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee.

the owners and the realty service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.

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