1. If the property ownership certificate states that it is commercial, it can be operated, otherwise it cannot be operated;

2. Secondly, it is necessary to obtain the signatures and consent of all the residents upstairs, so that the restaurant downstairs can legally and reasonably appear in the residential area.

The restaurant on the basement floor not only affects the lives of residents in residential areas with lampblack, noise, sewage and peculiar smell, but also has fire safety hazards such as gas and electricity consumption. There are no fire checkpoints in the approval process of catering industry, and there are restaurants on the ground floor of high-rise buildings. Because of its special location, fire safety hazards can not be ignored.

Procedures for applying for opening a restaurant:

1. Apply to the industrial and commercial department for name pre-approval and registration;

2. Apply for a catering business license;

3. Apply to the environmental protection department for EIA inspection;

4. Apply to the fire department for a fire safety license;

5. Apply for a business license from the industrial and commercial department;

6. Apply to the tax authorities for tax registration.

In the main urban area, new urban areas and new urban areas, new catering service projects that may produce smoke and dust shall be publicized in advance by operators, and opinions of surrounding units and residents shall be solicited in writing. When submitting an environmental impact assessment report to the environmental protection department, the operator shall explain the adoption of public opinions and report it to the administrative department for industry and commerce and the administrative department for health for the record. The environmental protection department shall verify the public opinions before making an administrative license. According to the Property Law, the facade rooms downstairs in residential areas must obtain the consent of neighboring neighbors and other interested parties in advance before opening hotels. If not, the relevant interests can complain to the industrial and commercial department or directly sue.

Legal basis:

People's Republic of China (PRC) (China) Air Pollution Prevention and Control Law

Article 81

The 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 complex buildings without special flue and commercial floors adjacent to residential floors in commercial and residential complex buildings.

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.