"Residential to commercial" disturbs people, how to protect rights?

In recent years, the phenomenon of "changing residence to business" has occurred from time to time in urban areas, and many residents are deeply disturbed by it. Some people mediate through property management, community and police station, and even complain to the competent authorities. 2065438+0 On July 65438, 2006, the Regulations on Urban Property Management in Lanzhou (Real Estate) was officially implemented, which clearly stipulated that "residential houses shall not be changed into business houses". In this issue, professional lawyers are invited to make relevant interpretations on this topic.

Case 1

The hairdresser drove into the residential building.

The residents upstairs are fidgeting.

20 16 1.8, Ms. Wang of Lanzhou reported to Lanzhou Morning Post that three years ago, a resident opened a hair salon on the floor of Room 2 102 of the railway residential building near the cross of the West Railway Station where she lived. Many people who come to have their hair cut often knock on the wrong door, and the smell of perming medicine permeates the corridor, which seriously affects the normal life of the residents in the building.

The reporter went to the scene to see that the signboard of "Xiaosi Hairdressing Studio" was posted in the residential building. Push open the door of room 2 102. The living room at home is a hair salon. A middle-aged woman is sitting in a chair waiting for a haircut, while two other women are chatting. "This is my own home. I used to run a hair salon outside, and all the people who came to do my hair were regular customers. " A woman in a gown said. The woman claimed that she only received some old customers and was not open to the public.

It is understood that the hairdressing studio had previously advertised at the elevator entrance of the corridor and was demolished by security guards. Resident Ms. Liu and others said that they were prepared to report to the property and other relevant departments the fact that the owner of the hairdressing studio set up a business place in his own house.

Case 2

"Business Classic" Mahjong Hall Disturbs People

The court ordered that the house be restored as a residence.

Pei, a citizen of Chengdu who lives downstairs from Mr. She's house, rented his house to run a mahjong room. Chen Mou often receives guests late at night or even all night, making all kinds of noises, which seriously affects the rest of Mr. She's family. Residents have repeatedly communicated with Chen Mou to no avail. After mediation by the property and community departments, Pei failed to fulfill his promise.

On March 9, 20 15 and 19, the local comprehensive management office took the lead, and the police station, the industrial and commercial office and the urban management law enforcement squadron participated in the interview education for "business households", guiding the residential property to strengthen the management of the residential area, and standardizing and eliminating the disturbing behavior. Resident Pei promised to close the rest at 22: 30 pm, but he never implemented the rectification. In desperation, Mr. She sued the owner Pei and the owner of the mahjong hall to the jinniu district court in Chengdu.

After hearing the case, the court held that the operation of mahjong hall will generally affect the quiet of the community and the normal life of neighbors, which has directly hindered or infringed on the real rights interests enjoyed by the plaintiff and other neighboring households. Therefore, Pei should bear the legal responsibility of "restoring residential use" for his * * * infringement and restore the residential use of the room as soon as possible. As for the compensation for mental damage proposed by Mr. She, the court refused to support it because sufficient and effective evidence was not submitted to support it.

Moderator: Lanzhou Morning News reporter Dong Zibiao

Jia Bin: Left, lawyer of Gansu Beidou Law Firm.

Lawyer Ruan Lei of Gansu He Rui Law Firm

Moderator: In this kind of incident, some citizens suggested that "residential commercial use" is not illegal. Is this view correct?

Left: Working in a residential building will bring hidden dangers to citizens' life safety. Once an accident happens, the consequences are unimaginable. Because most companies, restaurants and training institutions located in residential buildings are hidden, the industrial and commercial and environmental protection departments generally have no right to inspect residents during daily inspections, so it is difficult to find such problems. In particular, residential buildings are designed and built for living, and all kinds of equipment and facilities are not suitable for production and operation, such as water and electricity, fire-fighting facilities and fire exits will be restricted.

For example, the Property 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.

Ruan Lei: However, in practice, some owners think that "it is illegal only if the business premises have a serious impact on the surrounding owners, such as noise, sewage, odor, and too many outsiders coming in and out", which is incorrect and also a misinterpretation of the legal provisions.

Article 46 of the Regulations on Property Management proposes that property service enterprises should stop acts that violate laws and regulations such as public security, environmental protection, property decoration and use within the property management area, and report to relevant administrative departments in a timely manner. The Supreme Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases also stipulates: "If an owner violates the property service contract or the laws, regulations and management regulations to hinder the property service and management, and the property service enterprise requests the owner to bear the corresponding civil liabilities such as restitution, cessation of infringement and removal of obstruction, the people's court shall support it."

Moderator: As far as Lanzhou is concerned, what are the rules for changing residential buildings into commercial buildings?

Left: Lanzhou Property Management Ordinance (hereinafter referred to as the Ordinance) was formally implemented on July 1 day, 1965. The "Regulations" have supplemented and improved property management from the aspects of owners' congress and owners' committee, early property management, property management services, property use and maintenance, and legal liability.

Among them, there are regulations on the phenomenon of "mixed housing and residence reform", which is common at present, but is a headache for owners: owners are not allowed to change their residences into business premises (including opening online stores), and they are not allowed to rent their residences for business activities (including opening online stores). The administrative department for industry and commerce is not allowed to issue business licenses for the above two business behaviors of changing their residences into business premises. Street-facing households need to change their houses into business houses. In addition to complying with laws, regulations and management regulations, they should obtain the consent of interested owners and file with the owners' committee and the realty service enterprise.

Ruan Lei: The Regulations also propose that the planned use of facilities and equipment in the property management area is changed without authorization; Formulate decoration enterprises or forcibly sell decoration materials to owners and property users; If the charging standard of parking spaces set by the owners' roads and sites is raised, it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed.

Moderator: Case 2, why do car owners have to bear legal responsibility?

Ruan Lei: First of all, the plaintiff, Mr. She, and the defendant are on the upper and lower floors. Without the consent of Mr. She and other neighbors or other interested parties, change the legal nature of the rented house and the purpose of the house agreed in the lease contract to operate mahjong for a long time. Mr. She's request to remove the nuisance and resume the residential use of the house has factual and legal basis and is reasonable, and the court supports it according to law.

Pei, as the owner of the house, although he agreed to use the house as a house in the lease contract, he knew it was used for mahjong business when renting it, and he knew that he had not taken corresponding measures to correct it so far. Therefore, it should be considered that he and Chen Mou * * * changed the use of the house for business without authorization, and they should also bear corresponding legal responsibilities.

Moderator: How to protect the rights as a victim if the rental operation disturbs the people or directly causes damage to neighbors?

Left: Under normal circumstances, the owners can appeal to the residential property and the owners' committee and ask them to mediate. The property may issue a rectification notice to the illegal owner. If the owner does not cooperate, he can intervene through the relevant administrative departments such as the Industrial and Commercial Bureau and report to the relevant law enforcement departments for punishment according to the property management regulations. If the owner "changes residence to non-residence" without authorization, the district/county real estate management department shall order it to make corrections within a time limit and restore the original state. If it still has no effect, it can appeal to the court, request the judgment to remove the obstruction, restore the original state, and bear the corresponding civil liability.

In addition, the "residential business" operators obtain the right to use through the lease relationship. Once the owner submits evidence of infringement of civil rights to the court afterwards, the lease agreement will be invalid, and the industrial and commercial department will revoke the business license of the operator on the basis of "allegedly providing false certificates".

(The above answers were published on 20 16-07- 12. Please refer to the actual situation for the current purchase policy. )

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