What is the impact of changing residential buildings into commercial buildings on owners?

What is the impact of changing residential buildings into commercial buildings on owners? The main thing is whether there is a law to allow changes, not to change it if you want, but to examine the specific provisions of the law.

Article 71 of the Property Law stipulates that owners have the right to possess, use, benefit and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners. This clause is the content that stipulates that residential owners enjoy basic property rights, and it is also a principle and general provision. In other words, under normal circumstances, residential owners can exercise the right to possess, use, benefit and dispose of the houses with ownership, including transforming the houses into enterprises.

The Property Law also stipulates that "the owner shall not change the house into a business house in violation of laws, regulations and management regulations. If the owner changes the house into a business house, it shall be approved by the interested owner in addition to complying with laws, regulations and management regulations. "

In other words, "residence to business" is not unconditional. Residential owners can't do whatever they want to change their residential use, and they need to meet certain conditions:

First of all, there is no corresponding prohibition in relevant laws, regulations and management regulations. This condition also implies a proposition that laws, regulations and management regulations have the right to stipulate "no entry into houses"

Secondly, "commercial use of residential buildings" must be approved by interested owners. Interested owners not only refer to "other owners in the same building", but also include "affected owners in other buildings".

This is a concrete manifestation of properly handling neighboring relations and fully respecting neighboring rights. If the relevant owners do not agree, even if laws, regulations and management regulations do not prohibit it, the house cannot be converted into business. The above two conditions must be met at the same time, and neither of them is dispensable.

What if the neighborhood Committee doesn't stamp the certificate that the residential building is changed into a commercial building? It seems that the neighborhood Committee is not in charge, and it seems that it is a procedure that requires the consent of neighbors. You can consult your local lawyer for details.

I remember that the housing reform in the community needs the consent of the neighborhood Committee (or your neighbors), and it needs the signature of the neighbors before it can be used for business. I haven't heard that it can be converted into commercial housing. ..

At present, there is no clear regulation on how to calculate the property fee for changing residential buildings into business buildings in Chongqing. In the property industry, it is generally charged at 2 to 3 times the residential charging standard.

Does the owner have the right not to sell electricity to the operating property after the housing reform? Selling electricity has nothing to do with the nature of the property, but the change in the nature of electricity consumption and the rise in prices. Commercial electricity consumption is higher than residential electricity consumption, and it may just be temporarily not selling electricity! However, the reason for the price increase after changing the nature of electricity is that the original price is at a loss!

What is the operating property owned by the owners of residential quarters? For example, some rebuilt shops in a certain district belong to the public supporting facilities when planning, so they belong to the owners. Now the owner sells or rents out his own things, and the proceeds belong to the owner. At this time, these shops are "operating properties owned by owners in residential areas".

The so-called "self-management" means that the owners open their own shops to sell things, and "renting" means simply collecting rent.

Then, the payer of the property tax is not all the owners, but the "custodian" or "user", which increases the operability. The wool will still be on the sheep anyway.

If it is "self-operated", the property tax is levied ad valorem, that is, "annual property tax = original value of the property *( 1- deduction rate) *1.2%"; If it is "rented", the property tax is calculated from the rent, that is, "property tax = rental income * 12%".

The tax authorities have the right to verify the original value of the property and avoid underestimating the value of the operating property.

Whether it is necessary to stamp the property when a residential building is transformed into a commercial building requires the consent of the property management company and the signature of other owners of the community or the signature of the industry Committee.

Article 77 of the Property Law stipulates: "The owner shall not change the house into a business house in violation of laws, regulations and management regulations. If the owner changes the house into a business house, it shall be approved by the interested owner in addition to complying with laws, regulations and management regulations. "

According to the above regulations, whether the residence can be used for office depends on whether the commercial use violates the relevant prohibition regulations; If there is no relevant prohibition, it depends on whether it violates the regulations of community management; If it does not violate the law, it needs to obtain the consent of interested owners. According to Article 11 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings, if an owner changes his residence into a business house, other owners in the building shall be deemed as' interested parties' as mentioned in Article 77 of the Property Law. In the division of buildings, if the owners outside the building claim to be interested in themselves, they should prove that their house value and quality of life have been or may be adversely affected. Other owners of this building belong to interested owners.

What should I do if I obtain the business license of the residential premises without the consent of the owner? You can go to the industrial and commercial department to apply for a business license and ask them for the procedures or materials needed for the change when you allow them to change from residence to business. The materials required for the change are as follows: the certification document of the industry committee approving the change of the residential business premises, the use certificate of the residential (business premises) and the registration form of the residential (business premises). Those forms can be obtained from the industrial and commercial department.

What if there is no owners' committee to convert residential buildings into commercial buildings? The industrial and commercial bureau said that you can find a property company to stamp, but the property is not stamped. If the property is nonsense, stamp it on the residence registration form;

In fact, many property companies stamp, and many property companies just don't stamp.

The problem is that the property company doesn't stamp, and you really can't help it. It's no use suing.

Wait, look at the industrial and commercial registration reform in June, maybe you don't have to find a property.

Friends in Hefei can call me if they encounter such difficulties.