Can I have a childcare class in a residential building? There is no explicit provision in the law

Yes, but you need to apply and approve it. If the house itself is for business use and the procedures are legal, it is not illegal; If it is a non-business house, it needs to be approved by the majority of the owners, otherwise it is illegal to obtain a business license for operation. Trusteeship classes for the purpose of making profits shall be registered for industry and commerce and apply for a business license at the industrial and commercial department.

Legal analysis

Childcare establishments shall implement the principle of combining protection and education with prevention first, and conscientiously do a good job in health care work. The people's health administrative departments at or above the county level shall regard the health care work of childcare institutions as an important part of public health services, and strengthen supervision and guidance. The people's education administrative departments at or above the county level shall assist the health administrative departments in inspecting and guiding the health care work of childcare institutions.

The buildings, facilities, equipment, environment and food and drinking water provided by childcare institutions shall meet the requirements of relevant national health standards and norms. Managers in addition to complyingLaws and Regulations

In addition to the management agreement, it is necessary to obtain the consent of the interested owners. If the change is made without consent, the interested owner can file a lawsuit in court to request the removal of the obstruction and compensation for damages. It is also necessary to register with the industrial and commercial department.

If it is the second type, the investor needs to apply for registration with the local industrial and commercial department, and the name must be verified at the time of registration, and the name can only be used after being approved by the industrial and commercial department. At the same time, it is also necessary to apply for a school license from the education department and a tax registration certificate from the tax authority. In addition, working teachers are also required to have a teaching certificate.

According to the relevant laws, the establishment of trusteeship classes in the community has changed the nature of the residence to a commercial house.

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 house. 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.

Now because of the three-child policy, the state actually encourages the community to open a custodian class, it stands to reason that commercial activities are not allowed in residential buildings, but in the general environment, this kind of custodian class that is beneficial to the people and in line with the policy is actually relaxed restrictions.

Legal Analysis: Yes. To open a childcare class in the community, you need to go to the Education Commission to apply for and obtain approval before you can start business, which is considered legal at this time.

But you must know that if the community opens a childcare class, there will be more children, and the noise will be very loud, at this time, if a resident goes to the education committee to report and determines that it is a nuisance, then it is illegal.

Legal basis: Education Law of the People's Republic of China

Article 27.

To establish schools and other educational institutions, the following basic conditions must be met: (1) have an organizational structure and charter; (2) Have qualified teachers; (3) There are teaching venues, facilities, and equipment that meet the prescribed standards; (4) Have the necessary funds for running the school and stable funds**.

Article 28.

The establishment, alteration, and termination of schools and other educational institutions shall go through the formalities for review, approval, registration, or filing in accordance with relevant state provisions.

Legal analysis: You can negotiate with the trusteeship class to solve the problem, if you can't solve it, you can call the mayor of 12345**.

Legal basis: Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments Article 58 Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering with the normal life of others shall be given a warning; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.

Legal analysis: The formalities and documents required to open a custodian class are:

1.Industrial and commercial business license.

A formal custodian institution must apply for an industrial and commercial business license in order to obtain the qualification to operate legally. The industrial and commercial business license needs to be handled by the administrative authority for industry and commerce, which is divided into original and duplicate, and the materials that need to be prepared include the legal person ID card and copy, the house property right certificate or lease agreement, and other documents submitted by national laws and regulations.

2.Tax registration certificate.

To legally operate a custodian class, a tax registration certificate is also indispensable. Taxpayers shall, within 30 days from the date of obtaining the Industrial and Commercial Business License, apply to the local tax authorities for tax registration. To apply for a tax registration certificate, the materials that need to be brought include the industrial and commercial business license, the certificate of business place, and the relevant contracts, articles of association, agreements, etc.

3.Fire safety certificate.

In consideration of personal safety in the later stage, the place where the custodian class is handled has not been inspected for fire safety, or if the inspection does not meet the fire safety requirements, it shall not be put into use and operated. Therefore, before the official operation, the nursery class must apply for a legal and formal fire safety certificate from the relevant departments.

4.Catering service license, health license, health certificate.

Now, many childcare classes will not only provide homework help for children, but also meal service. Individuals providing catering services naturally need to apply for relevant certificates, including catering service licenses, health licenses, and health certificates.

5.Teacher Certificate.

If you are running a training school-style care class, you will definitely recruit training tutors, and in order to ensure good teaching results, these teachers usually need to obtain a teaching certificate.

Legal basis: "Measures for the Administration of Registration of Individually-owned Industrial and Commercial Households" Article 14 The following documents shall be submitted to apply for the registration of individually-owned industrial and commercial households:

1) The application for registration of individual industrial and commercial households signed by the applicant;

2) Proof of the applicant's identity;

3) Proof of business premises;

4) Other documents required to be submitted by the State Administration for Industry and Commerce.