What procedures do you need to go through when you turn a house into an enterprise? What are the consequences of not doing it?

There are two main ways to change housing into commercial housing:

First, directly change the house into a commercial house on the homestead;

Second, there is no homestead certificate, and commercial housing is built directly.

1. According to Article 50 of People's Republic of China (PRC) Property Management Law? "Public buildings and facilities in the property management area in accordance with the planning and construction shall not be changed.

If the owners need to change the use of public buildings and facilities according to law, they shall inform the property management enterprises after handling the relevant formalities according to law; If a property management enterprise really needs to change the roads of public buildings and facilities, it shall submit it to the owners' meeting for discussion and decision, and the owners shall go through the relevant formalities according to law. "

2. According to Article 77 of People's Republic of China (PRC) Property Law? 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.

3. According to Article 10 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, and Article 77 of the Property Law, if the owner changes his residence into a business house without the consent of the interested party, the people's court shall support the request of the interested party to remove obstacles, eliminate dangers, restore to the original state or compensate for losses.

The people's court will not support the most interested owners who agree to change their houses into business premises for defense.

Article 11 Where an owner changes his residence into a business house, other owners in the building shall be identified as "interested parties" as mentioned in Article 77 of the Property Law.

4. According to the orders of People's Republic of China (PRC) and the Ministry of Construction? No. 1 10? No.6 Measures for the Administration of Interior Decoration of Residential Buildings

Decoration people engaged in residential interior decoration activities, without approval, shall not have the following acts:

(1) Building buildings and structures;

(two) to change the facade of the house and open the doors and windows on the non-load-bearing external wall;

(3) Dismantling heating pipelines and facilities;

(four) the demolition of gas pipelines and facilities.

The acts listed in items (1) and (2) of this article shall be approved by the competent department of city planning administration; The third behavior shall be approved by the heating management unit; Article 4 The act shall be approved by the gas business unit.

5. According to the Notice of the State Administration for Industry and Commerce on Relevant Issues Concerning the Registration and Management of Domain Names (Business Places)

1. When an enterprise (company) or individual industrial and commercial household establishes (starts business) or changes its domicile (business premises), it shall submit the following materials in addition to the certificate of domicile use:

(a) domicile (business premises) registration form;

(2) A certificate issued by the residents' committee or the owners' committee where the domicile (business premises) is located that the interested owners agree to change the domicile into the business premises.

2. When an enterprise (company) or individual industrial and commercial household is established (opened), its domicile is changed to business premises or its domicile (business premises) is changed and registered. Shareholders (investors) or enterprises (companies) or individual industrial and commercial households shall promise to abide by the provisions of laws, regulations and management regulations on the domicile (business premises) registration form and obtain the consent of interested parties.

Three, enterprises (companies), individual industrial and commercial households in the establishment (business) registration, shareholders (investors) should be in the "domicile (business premises) registration form" stamped (corporate shareholders) or signed (natural person shareholders, individual industrial and commercial households themselves); When the domicile (business premises) changes its registration, the enterprise (company) shall affix its seal on the domicile (business premises) registration form, and individual industrial and commercial households shall affix their seal or sign it.

Four, enterprises (companies), individual industrial and commercial households to the registration authority promised to abide by the laws, regulations and management regulations related to housing management and with the consent of interested owners, but actually did not comply with the laws, regulations and management regulations and with the consent of interested owners, which belongs to the act of submitting false materials.

Consequences of changing residence into enterprise without going through the formalities:

At present, the urban-rural fringe will become a "residential to commercial" building without real estate license and homestead certificate. If there is no need for demolition, it will be granted legal status with the consent of the relevant departments. Generally, it is necessary to apply for a temporary site use permit for one year, and then put it on record and re-apply for legal documents.

Extended data

Procedures for converting residential buildings into businesses:

1. If it is changed to commercial use, it must conform to the overall urban planning and be approved by the planning department.

2. In line with urban planning, it can be changed to commercial use. In accordance with the provisions of the current land transfer measures, it will be publicly sold through bidding, auction or listing, and the original users and buyers of civil land may not buy or sell it on their own.

3. Civil land users should contact the land management departments of the districts and counties where they are located, and the land acquisition and reserve institutions should arrange purchasing and storage according to the annual acquisition and reserve plan.

Baidu Encyclopedia-People's Republic of China (PRC) Property Management Regulations

Baidu Encyclopedia-People's Republic of China (PRC) Property Law

Baidu Encyclopedia-"Administrative Measures for Interior Decoration of Residential Buildings"