Are there any provisions in the industrial and commercial laws prohibiting the commercial use of private houses? Or property management regulations, please answer the legal god, urgent! ! !

I think you are from Jiangsu. The following are the applicable laws and regulations.

The illegal act of changing residential use and engaging in business activities without authorization violates the provisions of the second paragraph of Article 50 of the Regulations on Urban and Rural Planning of Jiangsu Province. (The owner shall not change the house into a business house without authorization in violation of laws, regulations and management regulations. )

According to the "Regulations" sixtieth "without the approval of the competent department of urban and rural planning, the housing will be changed to business premises, and the competent department of urban and rural planning shall order it to make corrections within a time limit. If it is not corrected within the time limit, it may be fined 1 10,000 yuan to 30,000 yuan. " Investigation and handling by the competent planning department.

The above are the most direct laws and regulations, but I don't know what your situation is and from what angle you look at this problem.

If you are a resident, if you meet people who change their uses and seek rights protection:

"Setting up a company in a residential building" may infringe on citizens' right to a normal living environment. Article 6 1 of the law on the prevention and control of environmental noise pollution stipulates that: units and individuals who are harmed by environmental noise pollution have the right to ask the perpetrators to eliminate the harm; If losses are caused, compensation shall be made according to law. Accordingly, residents who are polluted by environmental noise can ask the injurer to eliminate the harm in accordance with the provisions of this law; If losses are caused, they may also be required to compensate for the losses according to law.

"Setting up a company in a residential building" may also infringe on citizens' neighboring rights. Article 83 of the General Principles of Civil Law stipulates that real estate is adjacent.

All parties should correctly handle water interception, drainage,

Adjacent relations in traffic, ventilation and lighting. If obstacles or losses are caused to the adjacent parties, the infringement shall be stopped and eliminated.

Hinder, compensate for the loss. Accordingly, the infringed person may, in accordance with the provisions of this law, request the neighboring party to stop the infringement, remove the obstruction and compensate for the losses.

Compensate for the loss.

In addition, article 43 of the Constitution stipulates workers' right to rest. According to the regulations on letters and visits, the infringed person can report to the people's government at the same level or relevant government departments and ask them to solve it according to law.

The most direct and important one.

"Property Law" stipulates that: if the owner changes the residence into a business house, he shall not only abide by laws, regulations and management regulations, but also obtain the consent of interested owners.

"If an owner changes his residence into a business house, he shall identify other owners in the building as' interested parties' as mentioned in Article 77 of the Property Law". On May 24th, 2009, the Supreme People's Court promulgated two judicial interpretations of property law, which came into effect on June 65438+ 10/day of that year. "Commercial and residential" must be approved by all the owners of the whole building!

If you are a practitioner and want to register with the industrial and commercial registration authority:

If the industrial and commercial registration authority prohibits the registration of residential business that "may infringe upon the legitimate rights and interests of others" according to the Constitution, the General Principles of the Civil Law and the Law on the Prevention and Control of Environmental Noise Pollution, it does not conflict with the existing laws. Because the national law is a whole, it depends on the whole law to judge the legitimacy of an administrative act, not just relying on an isolated single legal norm.

Of course, if the industrial and commercial registration authority is divorced from the above-mentioned legal provisions, it will conflict with the current company law regardless of whether the behavior of the enterprise violates the legitimate rights and interests of citizens.

Article 23 of the Company Law only stipulates that "the domicile of the company" is one of the conditions for the establishment of a limited liability company, and neither this law nor other laws stipulate that the domicile of the company shall not be the domicile. From this perspective, the industrial and commercial registration authority has no right to make a comprehensive ban. (The company's domicile is different from the business premises, please note)

In general,

There is a restriction on the planning, project establishment, development and sales of ordinary houses, that is, they are limited to "residential" use, which is equivalent to excluding "non-residential" functions.

When a house starts a company or changes to other businesses, it changes the use of the house. In this regard, the planning management regulations and the housing development and sales management regulations explicitly prohibit. Laws and regulations applicable to development and sales should also apply to "users". In other words, the "user" cannot change the residential use.

If it does not happen in Jiangsu, consult the planning regulations of the local provinces and cities. )

Finally, the residential management itself does not meet the requirements and is not recognized by law. However, this phenomenon is also the result that the planning department does not attach importance to the transitional functional planning, which is also a problem for the planning department. After all, only when people need it will there be a market.