Is it illegal to open a supermarket on the first floor of the community?

Whether it is legal to open a supermarket on the first floor of the community depends on the situation, as follows:

First, it is illegal to change the residential nature to commercial use. Generally speaking, the property has the right to interfere, and the owners' committee will also interfere.

Second, you can open a supermarket, as long as it meets the management norms of the community, but you need to apply for a business license. First of all, you should take the real estate license or rental agreement and your ID card to the neighborhood Committee to get a form, fill it out, sign it with your neighbors, post it for publicity, then get it stamped by the neighborhood Committee, and then take these materials to the industrial and commercial office to apply for a business license.

According to the relevant laws and regulations, the operation of "supermarkets" must be registered by the relevant administrative departments, obtain business licenses, and engage in food production and marketing, tobacco products retail and other businesses.

Residential: refers to the houses that individuals and families live and use in their daily lives;

Business premises: refers to places used for business, industry, office and other business activities, which are essentially different due to different purposes. 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. This provision requires the consent of interested owners, whether unanimous, majority or only one person. It is only a general stipulation that "the consent of the interested owner should be obtained", which makes the judicial practice different.

Therefore, opening a supermarket in a residential building in a residential area is a typical situation in which the house is used as a business room, which is called "changing residence into business". Owners shall not violate laws, regulations and management regulations, and change the house into a business house. "If the owner changes the house into a business house, he shall not only abide by laws, regulations and management regulations, but also obtain the consent of interested owners". This regulation is actually to control the use of residential houses, which has important normative significance for various communities at present and can also play a positive role in dealing with community relations.

The owner shall not change the house into a business house without authorization.

Owners who change their houses into business houses shall obtain the consent of interested owners in addition to observing laws, regulations and management regulations. This provision requires the consent of interested owners, whether unanimous, majority or only one person. It is only a general stipulation that "the consent of the interested owner should be obtained", which makes the judicial practice different.

Legal basis:

property management regulations

Forty-fifth of the property management area in violation of public security, environmental protection, property decoration and use of laws and regulations, property service enterprises should be stopped, and timely report to the relevant administrative departments.

After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.

If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

Measures for the Administration of Registration of Individual Industrial and Commercial Households (revised on 20 19)

Article 6 The registered items of individual industrial and commercial households include:

(a) the name and domicile of the operator;

(2) Composition form;

(3) Business scope;

(4) business premises.

Individual industrial and commercial households use the name, with the name as a registered item.

Article 7 The name and domicile of an operator refers to the name and detailed address of a citizen who applies for registration as an individual industrial and commercial household.

Tenth business premises refers to the detailed address of the business premises of individual industrial and commercial households. Individual industrial and commercial households can only have one business place registered by the registration authority.

People's Republic of China (PRC) Civil Code

Article 279 Restriction Conditions for Owners to Change the Use of Residential Buildings The owners shall not change the residential buildings into business buildings in violation of laws, regulations and management regulations. If the owner changes the house into a business house, in addition to complying with laws, regulations and management regulations, it shall also be unanimously agreed by the interested owners.