Which department is in charge of the illegal residential reform business, and which department is in

The housing reform business is under the management of the Housing and Urban-Rural Development Bureau and the Planning Bureau. The so-called residential to commercial housing refers to the conversion of housing into commercial housing, which is mainly divided into two situations: on the individual's homestead, the above housing is directly converted into industrial housing; Individuals do not own a homestead and then build a commercial property directly on the homestead according to their own needs.

If the building at the junction of urban and rural areas does not have a real estate certificate or homestead certificate and becomes a "residential to commercial building", if it is not necessary to demolish it or give it a legal identity with the consent of the relevant departments, it is generally necessary to apply for a one-year temporary site use certificate, and then carry out relevant filings and new legal documents. Generally speaking, the housing reform business is managed by multiple departments, mainly under the management of the Housing and Urban-Rural Development Bureau, the Planning Bureau or the Municipal Housing Management Bureau. If the owner encounters corresponding problems in life, he needs to find the right department and complain in time to protect his own interests.

Among them, the Municipal Housing Management Bureau is mainly responsible for the industry management of urban property services, guiding the housing management bureaus of various districts to carry out daily supervision of property management activities, and investigating and dealing with the occupation of public space by owners. It is mainly responsible for investigating and dealing with illegal activities such as road occupation in residential areas, illegal construction, breaking walls and opening shops, unauthorized alteration of facades, demolition and alteration of non-load-bearing exterior walls, destruction of greenery and other illegal acts, and urging the sanitation department to do a good job in the removal and transportation of domestic garbage and construction waste.

What should I do if I encounter the illegal act of "housing reform business".

Relevant stakeholders can file a complaint with the Housing and Urban-Rural Development Bureau and the Planning and Natural Resources Bureau in their area, or they can file a civil lawsuit with the court.

Legal basisCivil Code of the People's Republic of China

Article 278.

The following matters are jointly decided by the owners:

1.formulating and amending the rules of procedure of the general meeting of owners;

2.development and revision of management protocols;

3.Elect or replace members of the Owners' Committee;

4.selection and dismissal of property service enterprises or other managers;

5.the use of funds for the maintenance of the building and its ancillary facilities;

6.Raise funds for the maintenance of buildings and their ancillary facilities;

The complaints are mainly made by the Planning Bureau and the courts, and the Housing and Urban-Rural Development Bureau can only be responsible for supervising the filing of leases, violating the centralized planning department for residential use (most of the regional functions are under the sub-district urban management). Other owners are subject to litigation settlement in accordance with the Civil Code.

Legal analysis: The housing reform business is under the management of the Housing and Urban-Rural Development Bureau and the Planning Bureau.

Legal basis: "Organic Law of the People's Republic of China on Local People's Congresses at All Levels and Local People's Organizations at All Levels".

Article 54: Local people's governments at all levels are the executive organs of local people's congresses at all levels, and are local state administrative organs at all levels.

Article 59: Local people** at the county level or above exercise the following functions and powers:

1) To implement the resolutions of the people's congresses and their standing committees at the corresponding level, as well as the decisions and orders of the State administrative organs at higher levels, to prescribe administrative measures, and to issue decisions and orders;

2) To lead the work of the subordinate departments and the people at lower levels;

3) Changing or revoking inappropriate orders and instructions of subordinate work departments and inappropriate decisions and orders of lower-level people**;

4) In accordance with the provisions of the law, appoint, train, evaluate, reward and punish the personnel of the administrative organs of the state;

5) To implement the national economic and social development plan and budget, and to manage the economic, educational, scientific, cultural, health, sports, environmental and resource protection, urban and rural construction undertakings, and the administrative work of finance, civil affairs, public security, ethnic affairs, judicial administration, supervision, and family planning within their respective administrative regions;

6) To protect the socialist property owned by the whole people and the collective ownership of the working masses, to protect the lawful property owned by private citizens, to maintain social order, and to protect citizens' personal rights, democratic rights, and other rights;

7) To protect the legitimate rights and interests of various economic organizations;

8) To protect the rights of ethnic minorities and to respect their customs and habits, to help the localities inhabited by ethnic minorities within their respective administrative regions to exercise regional autonomy in accordance with the Constitution and laws, and to help ethnic minorities develop political, economic, and cultural construction;

9) To guarantee women's rights to equality between men and women, equal pay for equal work, and freedom of marriage granted by the Constitution and laws;

10) Handle other matters assigned by the state administrative organs at a higher level.

1. Which department is in charge of the housing reform business?

The housing reform business is under the management of the Housing and Urban-Rural Development Bureau and the Planning Bureau. The so-called residential to commercial housing refers to the conversion of housing into commercial housing, which is mainly divided into two situations:

On the individual's homestead, the above housing is directly converted into industrial housing;

Individuals do not own a homestead and then build a commercial property directly on the homestead according to their own needs.

2. What are the shortcomings of the residential reform business?

1. According to the current policy, if the building at the junction of urban and rural areas does not have a real estate certificate or homestead certificate, then it is regarded as a residential building to a commercial building. With the consent of the relevant departments, such houses can be given legal life and a one-year temporary site use permit.

2. After applying, it will take about half a year to go through the whole process, and then you have to go through the banquet again. However, there are also shopkeepers who need to spend a lot of time and most of their energy when changing their homes.

3. To a certain extent, the residential reform business will also have an impact on the surrounding residents, such as opening a mahjong parlor or barber shop, which will bring greater noise to the surrounding area, and because of the transformation process, it will bring certain changes to the housing structure and will be opposed.

4. If the amount of the community is relatively large, it will cause congestion, and it is very difficult to clean up, which affects the overall living standard. Although it provides greater convenience for the owners, the quality of life has been greatly reduced.

Extended Material: What are the consequences of converting a residential to a commercial one?

Housing renovators will be aware of the problems that affect their own property rights, and may also lead to disputes with neighbors. There are two main situations, one is to directly change the housing into a commercial building on the homestead, and the other is to directly build a commercial building without a homestead certificate.

Legal basis: Article 50 of the Property Management Law of the People's Republic of China.

Public buildings and common facilities constructed in accordance with the plan in the property management area shall not be changed. If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management enterprise after going through the relevant formalities in accordance with the law; If the property management enterprise really needs to change the route of public buildings and common facilities, it shall be submitted to the owners' general meeting for discussion and decision, and the owners shall go through the relevant formalities in accordance with the law.

Legal analysis: It is managed by the Housing Authority. There are two main scenarios:

The first is to directly convert the housing into commercial buildings on the homestead; The second is that there is no homestead foundation certificate, and commercial buildings are directly built. The existing basis is the document issued by the State Council 2008 No. 111. That is, the Ministry of Human Resources and Social Security, the Development and Reform Commission, the Ministry of Education, the Ministry of Industry and Information Technology, the Ministry of Finance, the Ministry of Land and Resources, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, the People's Bank of China, the State Administration of Taxation, and the State Administration for Industry and Commerce "Guiding Opinions on Promoting Employment in the Slippery Code Industry".

Improve support policies and improve the entrepreneurial environment (4) Relax market access. In accordance with the conditions, procedures and contracts stipulated by laws and regulations, entrepreneurs are allowed to use family residences, rented houses, temporary commercial buildings, etc. as business premises".

Legal basis: Article 279 of the Civil Code of the People's Republic of China The owner shall not violate laws, regulations and management regulations by changing the residence into a commercial building. If the owner changes the residence into a business building, in addition to complying with laws, regulations and management regulations, it shall be unanimously agreed by the interested owners.

Hello, it is illegal to change the residence of Yu Nian without permission! According to Article 77 of the Property Law, it is clearly stipulated that "the owner shall not change the residence into a business building in violation of laws, regulations and management regulations." If the owner changes the dwelling into a town registration house for business purposes, in addition to complying with laws, regulations and management regulations, it shall obtain the consent of the interested owner"; At the same time, Article 10 also clearly stipulates:

If the property owner needs to change the design use of the property due to special circumstances, the owner shall obtain the written consent of the adjacent owner, report to the relevant administrative supervisor for approval, and inform the property management company".

There are two main responsibilities that need to be assumed: First, there are adjacent interests, including property interests and spiritual interests. Property interest refers to the property loss suffered by the adjacent party by providing necessary facilities to the other party to exercise its rights, or accepting necessary restrictions. 2. Causing harm beyond the limits of tolerance.

According to the principle of adjacency relationship of respect, the adjacent obligor should accept the necessary restrictions or provide necessary convenience for the neighboring right holder to exercise its rights, that is, to bear the necessary tolerance obligation to the adjacent right holder within the tolerance limit. Only owners who have gone beyond the limits of tolerance and who have been aggrieved are interested owners.