How to change residential housing into commercial housing?

Civil houses cannot be converted into commercial houses, unless they comply with laws, regulations and management regulations, and should be approved by interested owners.

The exterior wall of the building belongs to the use part of * * *, and all owners have rights to the exterior wall of the whole building. According to Article 55 of China's Property Management Regulations, if the * * * part of the property and the * * * facilities and equipment are used for business, the relevant formalities shall be handled in accordance with the regulations after obtaining the consent of the relevant owners, owners' congress and property management enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.

Conditions and judicial interpretation of the change of housing nature

1, Identification of "Intentional Owner" and Premise of Changing House into Business House

Article 77 of the Property Law 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.

Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings, which was passed by the Supreme People's Court in 2009, explains "interested owners", that is, owners change their houses into business houses, and other owners in the houses shall be deemed as "interested owners" as mentioned in Article 77 of the Property Law.

2. The owner owns part of the rights of the building.

According to the relevant provisions of the Property Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings, the exclusive part of condominium ownership of buildings refers to specific spaces such as houses, parking spaces, kiosks, etc., which have structural independence or use independence, or can be registered as the common property of specific owners. And some * * * in the building division include roads, green spaces, foundations of buildings, load-bearing structures, external walls, roofs and other basic structural parts, as well as public places and public facilities such as passages, stairs and halls. Except roads belonging to towns and public green spaces clearly belonging to individuals.

According to the provisions of the Property Law, the owner has the ownership of the exclusive part of the building and the right to possess, use, benefit and dispose of it. But the part other than the exclusive part of the building has the right to jointly manage with * * * *. At the same time, even if the owners exercise their rights on their exclusive parts, they shall not endanger the safety of the building or harm the legitimate rights and interests of other owners.

Article 35 of the Property Law stipulates that if the property right is damaged or may be damaged, the obligee may request to remove the obstruction or danger; The above-mentioned relevant judicial interpretation also stipulates that the owner changes the house into a business house without the consent of the interested party in accordance with Article 77 of the Property Law, and the interested party requests to remove the obstruction, eliminate the danger, restore the original state or compensate for the losses.