It is necessary to obtain the consent of neighboring neighbors and other relevant stakeholders in advance, and the follow-up procedures can only be carried out after obtaining the consent, otherwise it cannot be carried out. At the same time, we should pay attention to the work of lampblack and sewage discharge, otherwise it will affect the living environment of residents in the community. We should also pay attention to the discharge of sewage and lampblack, deal with the noise generated by the opening of catering business, and ensure that catering can be carried out downstairs without affecting the surrounding residents. According to Article 272 of China's Civil Law, the owner has the right to possess, use, benefit and dispose of the exclusive part of his building, and the owner shall not endanger the safety of the building or damage the legitimate rights and interests of other owners when exercising his rights.
According to Article 8 1 of the Law on the Prevention and Control of Air Pollution, 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.
1, the location should be reasonable. The site cannot be located in residential buildings, commercial and residential complex buildings without special flue, and commercial floors adjacent to residential floors in commercial and residential complex buildings.
2. Install lampblack purification facilities and keep them in normal use, or take other lampblack purification measures to make lampblack discharge up to standard. The height and position of the oil smoke exhaust port will not affect the living environment of the surrounding residents, and the catering places that produce special smells should also be equipped with odor treatment facilities.
If the owners of catering projects can achieve the above two points, they will generally not face punishment and can actively negotiate to solve them.
Second, do you need to apply for an environmental guarantee to open a restaurant in a residential area?
In fact, there is no such thing as "environmental protection"
If there are certificates with the word "environmental protection" on the market, they should all be fake. For the Ministry of Ecology and Environment, there are two main procedures at hand. One is the EIA. At present, according to the classified management catalogue of national environmental impact assessment, the category of environmental impact assessment of catering projects belongs to the environmental impact registration form, which only needs to be registered in the filing system of environmental impact registration form. Due to the impact of this year's epidemic and the continuous promotion of "simplifying administration and decentralization, strengthening supervision and improving services" in the EIA, Guangdong and other ecological and environmental protection departments have also introduced many reform measures to exempt the registration procedures for catering and other projects, that is, there is no need for online registration. The other is a sewage permit. At present, the Ministry of Ecology and Environment has not included the catering industry in the scope of registration and issuance of pollutant discharge permits, and this procedure does not need to be done. In short, at present, catering projects do not need to go through environmental protection procedures.
legal ground
Air pollution control act
Article 81 A catering service operator who discharges 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 and 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.
People's Republic of China (PRC) Civil Code
Article 271 The condominium owner shall have the ownership of the exclusive part of the building (such as the business premises) and the right to share and jointly manage the common part other than the exclusive part.
Article 272 The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.
Article 273 The owner shall enjoy the rights and undertake the obligations for the common part other than the exclusive part of the building; You may not fail to perform your obligations on the grounds of giving up your rights.
When the owner transfers the residential and business premises in the building, the co-ownership and co-management rights of the shared parts shall be transferred together.