Is it legal to open a hospital in a residential area without the consent of the owner?

The law stipulates that houses cannot be changed for commercial purposes, and it is illegal to open hospitals in residential areas without the consent of the owners.

According to the Property Law of People's Republic of China (PRC):

Seventy-seventh owners shall not violate the laws, regulations and management regulations, and change the residence 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.

Changing the residence into a business room such as catering and entertainment has brought many disadvantages. For example, there are too many people coming in and out of the community, and the outsiders are mixed and disorderly, which interferes with the normal life of the owners, causes the use of public facilities such as parking spaces, elevators, water and electricity in the community to be tense, causes the bearing capacity of the floors to be too large, and increases the unsafe and unstable factors in the community, which is very harmful.

On the other hand, changing a large number of houses into commercial houses will also cause a large loss of state taxes and fees.

Extended data:

Case: the owner is unwilling to open a hospital downstairs in the community.

The shops downstairs are all under construction planning, but they want to open a general hospital. "The size of the hospital is not small. We are worried that after the opening, the living environment of residents in the community cannot be guaranteed. " In this regard, the community owners are very worried.

Owner's response: when buying a house, the developer said 1 ~ 4 floor to open a supermarket or activity center.

Mr. Wang is the owner of Yanyue Community in Gan Tang, Xiying Road, Yanta District, and moved into the community in 2008. Since last year, one thing has become a worry to him.

"Building 1 is a commercial and residential building, and floors 1 to 4 are shops, and floors 5 and above are residential buildings. When we bought a house, the developer made it clear that 1 shops on the fourth floor should open supermarkets, activity centers or leisure clubs. " Mr. Wang said, but at the end of 20 14, the shops downstairs at 1 were surrounded, and it was said that a hospital would be built.

At the beginning of September this year, the fence was demolished. On the south wall of the store gate, it was written "Xiying Road Community Health Service Station in Yanta District", and just above the gate was written "Yanta He Qian Hospital in Xi City".

"A hospital was built here. How can we guarantee our living environment? " Not only Mr. Wang is worried, but also more than 600 residents in the community are worried. "A few days ago, the hospital posted an open letter saying that this is a three-level first-class general hospital, which is open 24 hours a day, including pediatrics, gynecology, stomatology and medical imaging.

In this case, medical waste, waste water, waste gas and radioactive elements are not a little bit! "

Residents in the community are not only dissatisfied with these, but an elevator outside the hospital installed on the outer wall on the north side of the shop occupies the fire escape. Some glass doors and rolling gates on both sides and behind the hospital lead directly to the community. "After all kinds of patients in and out, community won't be messed up? Who will be responsible for safety? " Some owners said.

Yesterday at 2 o'clock in the afternoon, the name of the hospital was removed in front of the shop downstairs of Yanyue Community 1 in Gan Tang. Many owners get together to defend their rights. The owner's representative said that there are many hospitals such as Armed Police Hospital, Jiuyuan Hospital, Metallurgical Hospital and Qujiang Maternity Hospital within 2 kilometers of the community, and Xijing Hospital and Air Force Hospital within 5 kilometers, which is very convenient to see a doctor.

In addition to concerns about the environment and safety of the community, the owners also have objections to the establishment of the hospital. They said that they had not seen any publicity about the construction of the hospital, and they suspected that there was no procedure for the external elevator.

The hospital explained that it was still going through some formalities, and the side door would be sealed if the owner's opinion was respected.

Gao Qian, director of the hospital, said that they bought the shops on floors 1 Building 1 4 and took over the house in February 20 14. Construction began at the beginning of this year, and they have obtained the approval for the establishment of medical institutions approved by Yanta District Health Bureau, and other procedures are still being improved. He said that it is really inappropriate to hang up the hospital brand before the formalities are completed, but it is also to attract more talents to the hospital.

Gao Qian answered many questions from community residents. The first is medical water and drainage. "Our water, drainage pipes and residents' lives are independent of each other. In addition, we have specially built septic tanks to treat wastewater. "

Regarding radioactive elements, Gao Qian said that the hospital is equipped with a dedicated small X-ray machine, which effectively controls the emission of radioactive elements to the ground and walls and will not affect the residents of the community. Hospitals also have special air disinfection machine to deal with waste gas. As for the devices in the southeast corner of the top floor of the hospital, "it is a heat converter, not an exhaust port."

"As for the elevator on the north side of the hospital, Gao Qian said that because they could not share an elevator with the residents of Building 1, they got the consent of the developer and built an elevator outside the wall." The side door to the community will also be blocked. We will certainly respect the opinions of all owners, but not everyone can decide whether the hospital can be opened. We need to follow the procedure. "

Ms. Guo, the person in charge of the residential property, said that when the property learned that it was going to build a hospital, it was also opposed. However, after the hospital explained, there was no opinion. "Who does the developer want to sell the house to? Our property has no right to decide." Ms. Guo said.

Yanta District Health Bureau: Before the complaint is resolved, no diagnosis and treatment activities shall be carried out with the consent of the Municipal Bureau.

Regarding the query of the community owners, the Health Bureau of Yanta District of Xi City replied in official website on September 1 1: In order to meet the health needs of urban and rural residents in the development zone, the District Health Bureau formulated the Plan for the Establishment of Medical Institutions for 20 15-2020, and planned a third-class first-class general hospital within the jurisdiction of Dayanta Street Office.

Feng, the legal representative of Xi Yanta Hospital, bought a shop as his own house in Gan Tang Yanyue Community 1 Building, and applied to the District Health Bureau to open a third-class first-class general hospital here.

2065438+On May 5, 2005, after studying at the executive meeting, according to Article 9 of the Measures for the Promotion and Management of Private Medical Institutions in Xi (Trial) and the principle of "under the same conditions, those who own houses or land have priority in examination and approval", they agreed to set up and issued the Approval Letter for Setting up Medical Institutions.

At the same time, inform them to apply to the Health Bureau for acceptance and certification after going through the planning, environmental protection, fire protection and other procedures.

Yanta District Health Bureau replied in official website. After verification, the hospital under construction has submitted relevant information such as external elevators, fire protection and environmental assessment to the planning Yanta Branch and other relevant departments. The Health Bureau will put forward the construction requirements according to the evaluation opinions or results issued by relevant departments.

In response to the query of the community owners, the Health Bureau's handling opinion is that the hospital under construction is ordered to dismantle the door plaque; Stop all decoration activities, take the initiative to contact the residential property and owners, and actively negotiate and solve them; Before the complaint of the community owner is not resolved, the Health Bureau will not issue the Practice License of Medical Institution, and may not carry out any diagnosis and treatment activities at this address.

References:

Phoenix. Com- the owner doesn't want to open a hospital downstairs in the community.