Rental housing for commercial use, is it illegal
The Civil Code clearly stipulates that the owner shall not violate the laws, regulations and management statutes, will be changed to business housing. In addition to complying with the laws, regulations and management rules, the owner shall obtain the consent of the interested owners if he/she changes the residence into a business house. If the residential commercial, after legal procedures, is not illegal. How to use the residence for commercial purposes According to the provisions of Article 279 of the Civil Code, the residential commercial use should at least meet two conditions, one is to comply with the laws, regulations and management regulations; the second is to obtain the consent of the interested owners. The two conditions respectively: (a) in accordance with the laws, regulations and management regulations For the approval process of residential commercial, there is no law or regulation specific provisions, but according to the "People's Republic of China *** and the State Urban and Rural Planning Law," Article IX: "Any unit or individual shall abide by the urban and rural planning approved and published in accordance with the law and submit to the planning and management. ......"The relevant provisions of the building can be seen, the residential use of the building is approved by the planning approval, must comply with, such as the need to change, should be approved by the planning department's consent.
In addition, if the owners of the neighborhood management statute for residential commercial restrictions, should also comply with the management statute. (B) by the consent of the owners of the interested "On the trial of disputes over the ownership of buildings in the specific application of the law on a number of issues in the interpretation of" Article 11 stipulates: "the owner of the residence will be changed into a business house, the other owners of the building, should be recognized as the Property Law, Article 77 of the "interested owners", "the owners", "the owners", "the owners", "the owners", "the owners", "the owners", "the owners", "the owners", "the owners", "the owners". Interested Owners" as referred to in Article 77 of the Property Law. Owners outside the building who claim to have an interest in the building shall prove that the value of their houses and the quality of their lives have been or are likely to be adversely affected." It can be seen that the owners shall not arbitrarily change the residential use of the residence, which is one of the most basic guidelines that the owners should comply with, and also a basic obligation that the owners must undertake. If you fail to obtain the consent of all owners of the building (even if only one owner does not agree), it is illegal to change the use of housing. What commercial uses are not allowed in the residence The Regulations on the Administration of Entertainment Places (Decree No. 458 of the State Council) stipulates in Article 7: "Entertainment places shall not be located in the following places: (a) residential buildings, museums, libraries and buildings approved for the protection of cultural relics; ......". The second paragraph of Article 34 of the Xi'an Municipal Regulations on Prevention and Control of Air Pollution stipulates: "It is prohibited to construct new buildings, expand and reconstruct food service establishments on the ground floor of residential buildings to produce fume pollution; residential buildings shall not be used as food service establishments to produce fume pollution." As seen above, the residence shall not be used for catering and entertainment purposes. Article 279 of the Civil Code Restrictions on owners changing the use of residential property Owners may not violate the laws, regulations, and management statutes, the residential property is changed into a business premises. In addition to complying with the laws, regulations and management rules, the owner shall obtain the unanimous consent of the interested owners if he/she changes the use of his/her residence into a business premises. Owners shall not violate the laws, regulations and management regulations, the residence will be changed to business premises. Owners will change the residence into business premises, in addition to compliance with laws, regulations and management regulations, shall be the consent of the owners of the interested parties.