Who should manage the "residential ban"? Does the residential property company have the right to manage and stop commercial activities? Urgent!

Whether residential buildings can be used as business premises. There is no prohibitive clause about "residential management" in China's current laws. According to the relevant provisions of China's "Company Law", there is no clear company scope, but only a general provision of "company domicile". In the "Regulations on the Administration of Company Registration", the registered items of a company only point out that there must be a "domicile". There are no special requirements for the company's domicile when handling industrial and commercial registration.

At present, there is no unified opinion on whether "residential commercialization" is prohibited or liberalized in various regions, and some places are more strict. For example, in Chengdu, Sichuan Province, the local tax authorities do not collect taxes for the purpose of living in the community. As early as 2004, Shanghai promulgated the Regulations of Shanghai Municipality on Residential Property Management, which clearly stipulated that owners, property management companies and relevant management departments could sue, stop and deal with the act of changing houses into business premises without authorization. At present, some local laws and regulations have made provisions on business houses, such as "Beijing implementation"

Refer to property management news

/5/7 1 13.html

Now, the problem of commercial housing has attracted the attention of the legislative department. According to Article 7 1 of China's Property Law, owners have the right to possess, use, profit from 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. In other words, the owner has the right to say "no" to the neighbor's practice of converting the house into commercial use.

However, the Property Law also has special provisions on "commercial housing". According to the spirit of legal application that special provisions are superior to general provisions, these special provisions should be applied first. Article 77 of the law clearly 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.

In fact, the "Special Provisions" clearly defined two specific conditions of "residential commercialization": First, there are no corresponding prohibitive provisions 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, "commercialization of housing" must be agreed by interested owners. 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 are not dispensable, but must be both and indispensable.

"Almost every community has a residential business," said Professor Yin Tian, a famous civil law expert in China. "When a residential building becomes a business place, it will affect the lives of its neighbors. For example, it will cause the elevator to run nervously. " The elevators in residential buildings are designed according to the number of residents, but the appearance of merchants increases the number of people entering and leaving residential buildings, and the speed of elevator depreciation and damage naturally accelerates.

"(Residential management) has no natural rights, and the key issue is not to disturb the people." Professor Yin Tian, a well-known civil law expert in China, said that changing the residential building use to commercial use may infringe on the interests of neighboring residents, thus causing infringement.

Refer to property management news

Ningbo Shouyun Residential Building Li Kai Company

/5/ 102 10.html