Legal question: What should I do if the downstairs residential building is changed into an enterprise and the business license has been obtained?

If the commercial house is the same building as yourself, you can sue. If it is not the same building, you can sue if you can prove that you are affected. You can also report to the relevant departments.

According to the "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Differentiated Ownership of Buildings"

Article 10? In accordance with the provisions of Article 77 of the Property Law, if a residential building is changed into a business building without the consent of an 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.

The people's court will not support the most interested owners who agree to change their houses into business premises for defense.

Article 11? If an owner changes his residence into a business house, he shall identify other owners in the building as "interested owners" 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.

law of property

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

Extended data

Case:

Many owners "changed their residence to business", and industrial and commercial personnel went door to door to dissuade them and demanded self-rectification.

104 is preschool education and training, 102 is door and window retail, and 30 1 is gym. Recently, a number of netizens reported on the message board of the Yangtze River Network in Wuhan that Heping Street in Hongshan District is a purely residential community, and Building No.9 is the "king of the building" of the community, but there are many owners who "live and change business", which is a nuisance and the property is ugly. I hope that the regulatory authorities will intervene.

Netizen Ms. Zhu is the owner of 9 buildings in the community. According to her introduction, the community delivered the house in June last year. At present, the owners have successively completed the renovation and moved in. About 1 month ago, a gym distributed leaflets in the community. After receiving the leaflet, the owner found that the address of this gym turned out to be a suite on the third floor of Building 9. Subsequently, the owners discovered that in addition to the gym, there was a preschool education center in the 1 building, with advertisements for selling doors and windows hanging outside the window.

"Do residential buildings need to be changed to business districts?" Ms. Zhu said that this discovery caused dissatisfaction among the owners. Building No.9 is located in the center of the community, with a wide view, away from the road, quiet and comfortable, and is known as the "king of buildings", and its price is higher than other real estates. Now, when you first started to move in, so many families changed their houses into commercial houses, which seriously affected the comfort of moving in.

Owners are worried that the opening of gymnasiums and preschool education centers will inevitably lead to a large number of foreign personnel entering and leaving the building frequently, which will bring security risks. At the same time, training and fitness will produce noise and interfere with the normal life of the owners. There are also owners who report that other buildings in the community also have beauty salons and steaming rooms.

On the morning of September 7th 10, Changjiang Daily reporter came to the community and knocked on the door of 9 buildings 104. After hearing the reporter's intention, a man said that because the owner complained too much, he had decided not to set up a preschool education center, but to live in it. In Room 30 1 of Building No.9, the reporter met the staff of Heping Street Industrial and Commercial Office, who were conducting an inventory operation.

The reporter saw that the room was completely decorated into a gym style, with many large-scale fitness equipment and a full dumbbell rack. A man in the room said that he worked in a nearby gym, and his boss rented it as an internal training place, which was not open to the public.

The person in charge of the residential property said that according to the Property Law, if the owner changes the house into a business house, he should obtain the consent of the interested owners in addition to complying with laws, regulations and management regulations, but these owners have not fulfilled this procedure. In view of the residential buildings that have been changed to business in the community, the property staff visited door to door many times and issued dissuasion notices, but the effect was not good.

According to the relevant person in charge of Heping Industrial and Commercial Office, in response to reports from netizens, they found that there was a family in Room 102 in Building No.9, and no business activities were carried out. There are a few aluminum alloy doors and windows in the room, and they are required to remove the advertisements outside the window by themselves.

104 The business license for consulting services is not operated, and it is illegal to operate preschool education training, and administrative opinions and guidelines have been issued to it; Room 30 1 has no license, and the internal staff said that it would not be used for business, and issued a notice to correct it.

On September 7, with the cooperation of the residential property, the staff of Heping Industrial and Commercial Office conducted a comprehensive inventory of the residential area, discouraged the houses converted into business one by one, and asked them to rectify themselves and resume their residential use. At the same time, the staff also asked the residential property to carry out daily supervision. If homework and noise disturb the people, they can immediately report to the industrial and commercial office and the street comprehensive management office, and the staff will come to the door to enforce the law.

References:

Phoenix. Com- Many owners of a residential area in Wuhan "changed their residence and business" to disturb the people.

References:

Audit Bureau-Property Law

References:

The Supreme People's Court-the Supreme People's Court on the trial of disputes over condominium ownership of buildings.