Can I open a supermarket in my own house in the community, is it legally illegal?

Opening a supermarket in one's own house in the community, if there is a relevant permit, is legal and not illegal.

Legal analysisOpening a supermarket in one's own house in the community is illegal without relevant permits, and may constitute the crime of illegal operation. The crime of illegal business operation should be the object of the violation of the crime of illegal business operation, which should be the market order. Objectively, it is manifested as the unauthorized operation of franchises, monopoly goods or other restricted items, the purchase and sale of import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.

It is mainly to operate franchises, monopoly goods or other restricted items stipulated by laws and administrative regulations without permission. In order to ensure the normal order of the market, the operation and sale of some materials related to the national economy and people's livelihood, people's lives, health and safety, and public interests are restricted in China. Only after approval and obtaining a business license can it engage in business activities such as acquisition, storage, transportation, processing, wholesale, sales, etc.

If it is operated without approval, it is an illegal business. The so-called restricted goods refer to the items that are not allowed to be freely bought and sold in the market in accordance with regulations, such as important means of production and consumer goods that are not allowed to be freely bought and sold by the state, and items operated by special units designated by the state, such as tobacco monopoly, foreign exchange, gold and silver and their products, gold and silver handicrafts, jewelry, and precious medicinal materials, and so on.

Legal basisCriminal Law of the People's Republic of China》 Article 225: Where state provisions are violated by any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

It depends on the nature of your community, generally if it is pure accommodation, it is not legally possible to open a supermarket, but in some places to open a small store, the general property will not be so strict.

Generally speaking, the property has the right to interfere, and it is illegal to convert a residential to commercial use, and the owners' committee will also interfere.

1. The housing on the first floor of the copy community is converted into a supermarket, and the property has the right to manage.

2. In accordance with the "Property Management Regulations".

Article 45.

In the property management area, in violation of the relevant laws and regulations on public security, environmental protection, property decoration and use, property service enterprises shall be stopped, and promptly report to the relevant administrative departments.

After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.

Article 47.

The rights and obligations of property users in property management activities shall be agreed upon by the owners and property users, but shall not violate the relevant provisions of laws, regulations and management regulations.

If the property user violates the provisions of these Regulations and the Management Regulations, the relevant owners shall be jointly and severally liable.

Answer: bai

The property has the right not to let the residents open the city with their own residences in the du community.

Analysis of DAO1, Article 77 of the Property Law.

The provisions on changing a dwelling into a commercial building shall not allow the owner to change the dwelling into a commercial 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.

2. If the owner changes the residence into a business house, the other owners in the building shall be deemed to be the "interested owners" as referred to in Article 77 of the Property Law. In the building zoning, the owner of the building outside the building claims that he has an interest in him/herself, and he or she shall prove that the value of the house and the quality of life of the building have been or may be adversely affected.

Legal analysis: whether it is legal to open a supermarket in a community mainly considers whether the supermarket has obtained a business license and whether the house used by the supermarket is a commercial residence.

Legal basis: Administrative Measures for the Registration of Individually-owned Industrial and Commercial Households

Article 6 The registration items of individual industrial and commercial households include:

1) The name and address of the operator;

b) the form of composition;

3) Scope of business;

4) Business premises.

Where a name is used by an individually-owned business, the name shall be a registration item.

Article 7: The name and domicile of business operators refers to the names of citizens applying for registration as individual industrial and commercial households and the detailed residential address of the place of their household registration.

Article 10 "Business premises" refers to the detailed address of the place where individual industrial and commercial households do business. Individually-owned businesses can only have one business premises registered with the registration authority.

Is it legal to open a supermarket in a residential building?

According to the provisions of relevant laws and regulations, the operation of a "supermarket" must be registered with the relevant administrative department, obtain a business license, and engage in food production and operation, tobacco product retail and other relevant licenses.

So whether it is legal to open a supermarket in a residential building in a residential building, in addition to the above-mentioned need to obtain a business license and related permits, will also involve the issue of "residential reform business".

Residential: refers to a house exclusively used for the daily life of individuals and families;

Business buildings: refers to houses used for commercial, industrial, office and other business activities, and the two are essentially different due to different uses.

Therefore, opening a supermarket in a residential building in a residential building is a typical situation in which the residence is used as a business building, which is the so-called "residential reform business". In this case, Article 77 of the Property Law of the People's Republic of China clearly stipulates that the owner shall not violate the laws, regulations and management regulations to change the residence into a business house.

2. Under what circumstances is it legal to change from residence to business?

In response to this issue, the Property Law of the People's Republic of China and the relevant judicial interpretations of the Supreme People's Court stipulate that if the owner changes the residence into a business house, in addition to complying with the laws, regulations and management regulations, it shall also obtain the consent of the interested owner.

If the consent of the interested owner is not obtained in accordance with the provisions of the Property Law, the interested owner may request the removal of the nuisance, the elimination of the danger, the restoration of the original state or the compensation for the loss.

According to the provisions of relevant laws and regulations, for illegal and illegal operation of such "supermarkets", the corresponding investigation and punishment department (administrative department for industry and commerce) shall be punished in accordance with relevant regulations, such as: order to stop illegal acts, confiscate illegal gains, confiscate tools, equipment, raw materials and commodities used for illegal production and operation, and may also impose certain fines; In addition, if it is an "unlicensed" or "unlicensed" operation, it shall also be recorded in the credit record by the corresponding investigation and punishment department, and publicized in accordance with relevant regulations.

Does it affect you. Opening a supermarket makes it easier for residents in the community to shop, and increases income.

There is a supermarket in the community, which is convenient for us to buy things, which is also very good.