Can I open a restaurant in a residential building? What is the legal basis?

Provisions prohibiting the opening of hotels in residential buildings are as follows:

1. According to Article 77 of the Property Law of People's Republic of China (PRC), the owner shall not change the residence 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.

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.

2. According to the provisions of Article 81 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC), it is forbidden to build, rebuild or expand catering service projects that produce lampblack, odor and waste gas in residential buildings, commercial buildings without special flues and commercial floors adjacent to residential floors in commercial buildings.

Article 118 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC): In violation of the provisions of this law, newly built, rebuilt or expanded residential buildings, commercial and residential buildings without special flues, and catering services on commercial floors adjacent to residential floors in commercial and residential buildings.

The supervision and administration department determined by the local people's government at or above the county level shall order it to make corrections; Refuses to correct, be closed, and impose a fine of not less than ten thousand yuan but not more than one hundred thousand yuan.

Extended data:

Related cases:

Yang Rong lives on the second floor, and the first floor is a restaurant. Restaurants emit a lot of oil smoke every day, which makes it impossible for Yang Rong's family to open the window for ventilation in hot summer.

What's more, the air-conditioning radiator installed on the external wall of the second floor of Yang Rong has been unable to work normally due to long-term oil smoke. Yang Rong asked the restaurant for advice many times, but there was no result, so he complained to the Environmental Protection Bureau and asked it to handle it.

According to the monitoring of the Environmental Protection Bureau, the fume emission of this restaurant did not exceed the national standard. At the request of Yang Rong, the Environmental Protection Bureau mediated that the air conditioner in Xianyang Rong Restaurant could not be used normally. The restaurant thinks that the fume it emits does not exceed the national standard, and there is no illegal act, so it should bear the economic losses of Yang Rong.

If the mediation fails, the Environmental Protection Bureau finally decided that the restaurant should compensate Yang Rong for the economic loss of 3,000 yuan.

References:

China Court Network-People's Republic of China (PRC) Air Pollution Prevention and Control Law

China Court Network-People's Republic of China (PRC) Property Law