Is it illegal to open a restaurant in the community?

Is it illegal to open a restaurant in the community? Residential buildings in residential areas are residential in nature. If the owner, user or lessee uses it to open a restaurant, they must register the change of use of the house. The following small series introduces you.

Case introduction

The community where Mr. Li lives is very popular, but there are few restaurants, so it is very inconvenient for residents to buy snacks or have lunch. In April this year, Mr. Li changed his house and Ms. Guo's house to the ground floor and opened a lunch shop, selling heart and soybean milk in the morning and specialty snacks at noon and evening.

After the opening, business was booming, and residents in the community, especially office workers, praised Mr. Li for solving their worries about eating. However, the good times did not last long. Recently, the property department intervened, and then the industrial and commercial department also asked Mr. Li to close the store that day, otherwise he would be severely punished. Only after consulting a lawyer did Mr. Li know that it was illegal to open a restaurant in a residential building before changing the nature of the house.

Legal reminder

Because the nature of a residential building is residential, if the owner, user and lessee use it to open a hotel, it is necessary to register the change of the nature of the house.

According to the document No.99 of Shanghai Real Estate Property (2002), the owners and users who apply to change the nature of residential use must meet the following conditions: (1) a residential building along the street; Meet the requirements of urban planning; Observe the safety of the house; Do not cause difficulties in life and use; Does not affect the use of adjacent houses; Does not affect the protection of cultural relics and excellent modern buildings; Written consent certificate of adjacent owners, users and owners' committee; If it is changed to catering and entertainment, the written consent certificate of the building owner or user shall be submitted; If the lessee requests to change the nature of residential use, he has obtained the written consent of the lessor and must abide by the provisions of the residential use convention and the owners convention.

In addition to the above requirements, the opening of restaurants in residential buildings should also conform to the planning of relevant departments. Because according to the relevant regulations of the Municipal Environmental Protection Bureau, in the residential buildings within the scope of the central city, new town and central town of this city, except for the planned catering service rooms, no new catering service business premises that produce soot pollution shall be built; The opening of restaurants must be approved by the fire department, liquor monopoly administration, health bureau and other departments. The restaurant can only be opened when the approval documents and environmental impact reports of various departments are available.