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Residential building under the first floor store open restaurant legal

It is not legal, because the purchase contract will have clear provisions, not allowed to change the use of housing. According to the "Chinese people's *** and the State Property Law" Article 77 provides: "The owner shall not violate the laws, regulations and management statutes, will be changed into residential business premises. If the owner changes the residence into a business house, in addition to abiding by the laws and regulations as well as the management statute, he shall obtain the consent of the owners who have an interest in it."

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over the Distinctive Ownership of Buildings further stipulates in Article 10 and Article 11 that: "The owner of a residential building changes the building into an operational building without the consent of the interested owner in accordance with Article 77 of the Property Law, and the interested owner requests to remove any nuisance, eliminate any danger, restore the original state, or compensate for damages. The people's court shall support the request of the interested owner to remove the nuisance, eliminate the danger, restore the original state or compensate for the loss.

The people's court shall not support the defense of the owner who changed the residence into a business house that the majority of the interested owners agreed to his act." On the "interested party" refers to "the other owners of the building, the owners outside the building that have an interest, should prove that the value of their homes, the quality of life has been or may be adversely affected".