According to the relevant laws and regulations, the operation of "supermarkets" must be registered by the relevant administrative departments, obtain business licenses, and engage in food production and marketing, tobacco products retail and other businesses.

Then whether it is legal to open a supermarket in a residential building in a residential area, in addition to the above-mentioned business license and related permits, will also involve the issue of "changing residence to business"

Residential: refers to the houses that individuals and families live and use in their daily lives;

Business premises: refers to places used for business, industry, office and other business activities, which are essentially different due to different purposes.

Therefore, opening a supermarket in a residential building in a residential area is a typical situation in which the house is used as a business room, which is called "changing residence into business". Owners shall not violate laws, regulations and management regulations, and change the house into a business house.

Second, the latest provisions of the housing reform business

"Civil Code" clearly stipulates that "if the owner changes the house into a business house, he shall not only abide by laws, regulations and management regulations, but also obtain the unanimous consent of the interested owners". This regulation is actually to control the use of residential houses, which has great normative significance for the current community and can also play a positive role in dealing with community relations.

The owner shall not change the house into a business house without authorization.

Article 279 of the Civil Code stipulates that the owner shall not change the house into a business house in violation of laws, regulations and management regulations. If the owner changes the house into a business house, in addition to complying with laws, regulations and management regulations, it shall also be unanimously agreed by the interested owners.

The owner of the house is the owner, and has the obligation not to change the structure, appearance, design purpose, function and layout of the house and its facilities and equipment without authorization. The design purpose includes not changing the house into a business room, such as not changing the house into a beauty salon, restaurant, supermarket, etc. Because changing housing into commercial housing may lead to people coming and going in residential areas, lack of due peace, affect the comfort of owners' houses, and lead owners to worry about the safety of residential areas. Moreover, some shops have diversified business projects, such as littering, opening at night, setting up billboards, drying clothes in the street and bask in the quilt. , seriously affect the appearance of the city. Therefore, the owner can't change the house into a business room at will in violation of laws, regulations and management regulations.

"Housing reform business" must obtain the unanimous consent of the relevant owners.

Article 77 of the Property Law stipulates that the owner shall not change the house 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. This provision requires the consent of interested owners, whether unanimous, majority or only one person. It is only a general stipulation that "the consent of the interested owner should be obtained", which makes the judicial practice different.

The Civil Code clarifies this vague provision. "Housing to business" must be approved by interested owners. As long as an interested owner does not agree, the use of residential buildings shall not be changed. According to the provisions of Article 279 of the Civil Code, if an owner changes his residence into a business house, the conditions that he should meet shall be subject to the consent of interested owners in addition to observing laws, regulations and management regulations.

Owners can't decide to install billboards on their external walls without authorization.

Article 278 of the Civil Code stipulates that matters decided by the owners shall be voted by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the people. Change the use of part of * * * or use part of * * for business activities, it shall be approved by the owners and more than three-quarters of the voters who participate in the voting on the exclusive part area.

The exterior wall of a building does not belong to the exclusive part of the building ownership, but belongs to the category of * * * common parts, which is decentralized and * * * common management. The owner's use of the external wall of the building cannot be directly and completely controlled like the use of the exclusive part ownership, nor can it be directly used according to the function and purpose like the statutory * * * shared part. The owner installed signboard advertisements on the external wall of the building, which changed the function and use nature of the external wall of the building. This change should be a matter stipulated in Article 278 of the Civil Code, that is, it should be approved by more than three-quarters of the owners and more than three-quarters of the voters in the exclusive part, that is, billboards should be installed on their external walls. Owners who own more than two-thirds of the total housing area and more than two-thirds of the people should vote. At the same time, the owners who need to vote account for more than three-quarters of the total housing area and more than three-quarters of the total number.

Therefore, billboards can be installed on the exterior walls of houses, but this matter cannot be decided privately by a single owner, and the interests of other owners must be taken into account before it can be implemented.

It can be seen from the regulation of "changing residence to business" that the civil code has increased the autonomy of community owners to a certain extent, which has played a positive role in improving all owners' attention to the interests of the community, reducing conflicts in the community, ensuring a good living environment in the community and establishing a good living order.

Third, penalties for opening supermarkets in violation of regulations.

According to the provisions of relevant laws and regulations, the "supermarkets" operating in violation of laws and regulations shall be punished by the corresponding investigation departments (industrial and commercial administrative departments) in accordance with relevant regulations, such as: ordering to stop illegal activities, confiscating illegal income, confiscating tools, equipment, raw materials and commodities used for illegal production and operation, and may also be fined; In addition, if it is "unlicensed" or "unlicensed operation", it should also be recorded in the credit record by the corresponding investigation department and publicized in accordance with relevant regulations.