Real estate law issues, questions about real estate law. Ask for masters

In 1994, the Ministry of Construction issued Order No. 33 of the Ministry of Construction of the People's Republic of China pointed out that if the owner changes the use, structure and appearance of the supporting facilities of the house without authorization, the property management can stop and criticize and educate, order it to restore the original state and compensate for the corresponding losses. At the same time, the Property Law stipulates that if an owner changes a residence into a business premises, in addition to complying with laws, regulations and management regulations, it shall obtain the consent of the interested owner. Article 77 of the Property Law provides:

The owner shall not violate laws, regulations and management regulations by changing the residence into a commercial building. If an enterprise (company) or individual industrial and commercial household changes a residence into a business building at the time of establishment (opening) or registration of the change of domicile (business premises), it shall submit a certificate issued by the residents' committee or the owners' committee at the place where the domicile (business place) is located to prove that the interested owners agree to change the residence into a commercial building.

At the same time, if an enterprise (company) or individual industrial and commercial household changes its residence into a business building when it establishes (opens business) or changes its domicile (business premises) registration, it must also make a commitment on the "Domicile (Business Premises) Registration Form" to ensure that the neighbors who have an interest in it agree.

Rational. Hello! In order to properly handle the affairs you want to entrust, please collect relevant evidence and materials comprehensively, carefully communicate with the lawyer** for details, or make an appointment for a meeting.

Lawyer Sun Qilai.

It is necessary to obtain the consent of the neighborhood committee.

Lawyer Gao Yongfeng.

Hello, opening a shop in a residential area may interfere with the normal life of your neighbors, and it has a duty to maintain public security, so the neighborhood committee can not allow you to open it.

The nature of the house that should be written on your real estate certificate is residential, and you cannot use this house to apply for a business license without the consent of the neighborhood committee; If it's written about business, you can sign up.

Hope it helps!

Beijing Inheritance Expert Team].

The consent of the neighborhood committee must be obtained.

(1) Yes.

2) Non-establishment Although the establishment of a mortgage on real estate is a voluntary act of both parties, the final effect of the act is subject to the legal norms of our country. Article 61 of the Law on the Administration of Urban Real Estate clearly stipulates that "when real estate is mortgaged, the mortgage registration shall be handled with the department specified by the local people's ** at or above the county level."

Article 41 of the Security Law stipulates that "the mortgage contract shall take effect from the date of registration," and if the parties fail to register the mortgage, they shall not oppose a third party. “

3) Legal. 4) No right Article 48 of China's "Security Law" stipulates that "if the mortgagor mortgages the leased property, it shall inform the lessee in writing that the original lease contract shall continue to be valid." In order to protect the interests of the mortgagee, Article 21 of the Measures for the First Administration of Urban Real Estate stipulates that: "If the leased real estate is mortgaged, the mortgagor shall inform the mortgagee of the lease and the lessee of the mortgage."

The original lease contract continues to be valid. "If the mortgagee suffers damage due to failure to inform the mortgagee, the mortgagor shall be liable for damages.

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