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Excuse me, is it legal to open a public bathhouse above the town house?
Legal analysis
It must be clearly stated that housing reform is not unconditional, and residential owners cannot do whatever they want when changing the use of their houses. Residential enterprises must obtain the consent of interested owners, who not only refer to other owners in the same building, but also include the affected owners in other buildings. If the relevant owners do not agree, even if laws, regulations and management regulations do not prohibit it, the house cannot be changed into a business. Public buildings and facilities planned and constructed within the property management area shall not be changed. If the owner really needs to change the use of public buildings and facilities according to law, he shall inform the property management enterprise after handling the relevant formalities according to law; If a property management enterprise really needs to change the use mode of public buildings and facilities, it shall submit it to the owners' meeting for discussion and decision, and the owners shall go through the relevant formalities according to law. In accordance with the relevant laws and regulations, if the owner changes his house into a business house without the consent of the interested party, and the interested party requests to remove the obstruction, eliminate the danger, restore the original state or compensate for the losses, the people's court shall support it, and the owner changes his house into a business house. In addition to complying with laws, regulations and management regulations, it is also necessary to obtain the consent of interested owners to change the residence into a business room such as catering and entertainment, which brings many disadvantages, such as too many people coming and going in the community, mixed and disorderly foreign personnel, interference with the normal life of the owners, tight use of public facilities such as parking spaces and elevators, and heavy load-bearing floors in the community, which increases the insecurity and instability of the community.
legal ground
Article 279 of the Civil Code of People's Republic of China (PRC) * * * The owner shall not change the residence into business premises 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.
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