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Anonymous users2024-02-13If it is illegal, it is forbidden to build, reconstruct or expand catering service projects that produce oily fumes, peculiar smells and exhaust gases in residential buildings.
According to Article 81 of the Law of the People's Republic of China on the Prevention and Control of Air Pollution, catering service operators emitting fumes shall install fume purification facilities and maintain normal use, or take other fume purification measures to make the fume discharge up to the standard and prevent pollution to the normal living environment of nearby residents.
It is forbidden to build, reconstruct or expand catering service projects that produce oily smoke, peculiar smell and exhaust gas in residential buildings, commercial and residential complexes that are not equipped with special flues, and commercial floors adjacent to residential floors in commercial and residential buildings.
Extended Information: Fume Emission Standards:
1. No unit or individual shall barbecue food in the open air or provide a venue for open barbecue food in the area prohibited by the local people.
2. Enterprises, public institutions and other producers and operators shall scientifically select the site, set a reasonable protection distance, and install purification devices or take other measures to prevent the discharge of odorous gases.
3. The competent department of ecology and environment shall, in conjunction with the administrative department of health, publish a list of toxic and harmful air pollutants according to the degree of harm and impact of air pollutants on public health and the ecological environment, and implement risk management.
Article 81 of the Law of the People's Republic of China on the Prevention and Control of Air Pollution clearly stipulates that residents are not allowed to open restaurants downstairs, and if such behavior is found, they can complain and report to the local environmental protection department.
According to Article 81 of the Law of the People's Republic of China on the Prevention and Control of Air Pollution, catering service operators who emit fumes shall install fume purification facilities and maintain normal use, or take other fume purification measures to make the fume discharge up to the standard and prevent pollution to the normal living environment of nearby residents.
It is forbidden to build, reconstruct or expand catering service projects that produce oily smoke, peculiar smell and exhaust gas in residential buildings, commercial and residential complexes that are not equipped with special flues, and commercial floors adjacent to residential floors in commercial and residential buildings. No unit or individual shall barbecue food in the open air or provide a venue for open barbecue food in an area prohibited by the local people.
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Anonymous users2024-02-12Opening a restaurant downstairs for residents in the community should comply with the law.
Civil Code of the People's Republic of China
Article 279: Owners must not violate laws, regulations, or management regulations by changing their dwellings into commercial buildings. 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.
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Anonymous users2024-02-11Article 81 of the Law of the People's Republic of China on the Prevention and Control of Air Pollution stipulates that it is forbidden to build, reconstruct or expand catering service projects that produce oily fumes, peculiar smells and exhaust gases in residential buildings, commercial and residential complexes that do not have special flues, and commercial floors adjacent to residential floors in commercial and residential complexes.
The Measures for the Prevention and Control of Pollution in Catering Establishments will be implemented on November 1, and the distance between newly opened restaurants and sensitive buildings such as surrounding residential buildings must be at least 9 meters. For the installation of external smoke pipes in restaurants, the consent of all building owners within 20 meters of the smoke pipes must be obtained, and the oil smoke discharge outlets should be at least 20 meters away from the residential buildings.
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Anonymous users2024-02-10It is not legal, because there will be clear provisions in the purchase contract that it is not allowed to change the use of the house. According to Article 77 of the Property Law of the People's Republic of China, "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 business building, in addition to complying with laws, regulations and management regulations, it shall obtain the consent of the interested owner. ”
Articles 10 and 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over the Differentiated Ownership of Buildings further stipulate that: "Where an owner converts a dwelling into a commercial building without obtaining the consent of the interested owner in accordance with Article 77 of the Property Law, and the interested owner requests to remove the nuisance, eliminate the danger, restore the original state or compensate for losses, the people's court shall support it."
Where the owner of a dwelling house is converted into a commercial building and defends it on the ground that a majority of the interested owners agree to his or her conduct, the people's court will not support it." "Interested party" refers to "other owners of the building, and owners outside the building who believe that they have an interest, shall prove that the value of their houses and the quality of life have been or may be adversely affected".
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Anonymous users2024-02-09Summary. It is necessary to obtain the consent of the surrounding neighbors and other relevant stakeholders in advance, and the subsequent procedure can only be carried out after obtaining consent, otherwise it is not possible. At the same time, it is necessary to pay attention to the discharge of oil smoke and sewage, otherwise it will affect the living environment of residents in the community.
To open a restaurant, we should also pay attention to the discharge of sewage and fumes, and also deal with the noise problem caused by the opening of the restaurant, and ensure that the restaurant can only be opened under the residential building without affecting the surrounding residents.
Is it legal to open a restaurant on the next floor of a residential building, hello, I am a consulting lawyer who asks questions, and I am very happy to serve you
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It is necessary to obtain the consent of the surrounding neighbors and other relevant stakeholders in advance, and the subsequent procedure can only be carried out after obtaining consent, otherwise it is not possible. At the same time, it is necessary to pay attention to the discharge of oil smoke and sewage, otherwise it will affect the living environment of residents in the community. To open a restaurant, we should also pay attention to the discharge of sewage and fumes, and also deal with the noise problem caused by the opening of the restaurant, and ensure that the restaurant can only be opened under the residential building without affecting the surrounding residents.
According to Article 272 of China's Civil Code, the owner has the right to occupy, use, benefit and dispose of the exclusive part of the building, and the owner's exercise of rights shall not endanger the safety of the building and shall not damage the legitimate rights and interests of other owners.
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How can we stop the opening of a restaurant on the first floor of a commercial house?
You can report it. The owners jointly report.
The owners jointly report.
Report it to that department.
Report to the urban construction department.
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Because the water leakage is now due to the problem of disassembly and assembly downstairs, the responsible party is of course downstairs. In this case, the cost and loss of repairs are borne by the downstairs themselves, and have nothing to do with you and the upstairs.
should be surnamed Chen, **There is a Chen ancestral hall.