What are the national regulations on opening hotels in residential areas?

According to the provisions of Article 70 of the Property Law, the owner enjoys the ownership of the exclusive parts such as houses and business premises in the building, and has the right to co-manage the parts other than the exclusive parts with * * *.

Article 77 stipulates that the owner shall not change the house into a business house in violation of laws, regulations and management regulations. Owners who change their houses into business houses shall obtain the consent of interested owners in addition to observing laws, regulations and management regulations.

It can be seen that you can't open restaurants in residential areas at will!

First, the specific situation analysis

The Property Law clearly stipulates that houses shall not be commercialized, and companies, restaurants, etc. Only after obtaining the signatures of interested residents can it be opened in residential buildings.

Since then, the judicial interpretation issued by the Supreme Law has stated that the so-called "interested parties" refer to the neighbors in the building. The State Administration for Industry and Commerce has issued a notice on "commercial use of residential houses", stipulating that if a residential house is changed into a commercial house, the operator must submit the certificate of the place where the residential house is used for commercial purposes at the time of industrial and commercial registration, that is, the "commercial use of residential houses" must obtain the consent certificate issued by the residents' committee, the owners' committee or interested owners.

Two, in the residential area to open a hotel to damage the rights and interests of other owners, as owners of rights.

1. If the owner thinks that the operation of the restaurant has affected his life, he can consult with the business owner first. If negotiation fails, he can find a property or neighborhood committee to mediate and persuade the owner of the rental house to let the restaurant close down.

2. If negotiation fails, the affected owners can bring a lawsuit to the court on the grounds of "infringement of neighboring rights". Two judicial interpretations issued by the Supreme People's Court define "the range of interested owners is in this building in principle" and clearly define the minimum range of interested parties, that is, the owners of the whole building. This will make it more difficult to change housing into business. 1 An interested party may "veto 1 vote" as long as it disagrees with the opinion of the court.