"Housing to business", as the name implies, is to convert housing into commercial housing. With the rapid development of the economy, in some cities' residential buildings, there has begun to be a situation of "living to business" - a duplex house is partitioned, divided into 5 to 6 small rooms, and a corridor is retained in the middle, and a small homestay is formed. However, the operation behavior of these homestays and hostels leads to the frequent entry and exit of strangers, which not only easily destroys the tranquility of the living environment of other owners, but also brings many potential safety hazards.
Online:
There are residential-style B&Bs in many cities
Some do not require an ID for check-in
Nandu reporter noticed that searching for keywords such as "community homestay" and "community apartment" on the booking platform, similar to homestays, hotels, etc. set up in residential buildings in the province can be seen in many cities in the province, such hotels are generally docked by landlords, using advertising slogans such as elegant community environment, convenient transportation, and family atmosphere to attract customers, and when consulting operators online, the other party will also directly reply that the hotel is indeed located in the community.
For example, in a homestay in Shenzhen, the advertising slogan of subway proximity, community environment and price discount on the booking platform attracted many customers to place orders. After the reporter called the landlord, the other party said that the homestay was indeed set up in a residential building in the community, and the price of a single room was less than 100 yuan. If you cannot issue an invoice after payment, you can only provide a receipt, and you do not need to provide an ID card for check-in. In a homestay in Foshan, the platform shows that the store's business is booming, many room types are fully booked, and the address is displayed in a certain street community. The reporter called for consultation, the management said that the homestay can choose to rent daily on a daily basis, or long-term rental on a monthly basis, and an ID card is required for check-in, but it cannot be invoiced, and it is best to see it on the spot before deciding whether to stay.
The reporter noticed that such low-priced homestays and hotels have many bad reviews in the comments, such as "small rooms" and "poor hygiene". Some hosts will also remind customers before check-in, because it is a homestay that has been renovated in a residential suite, and there is no separate toilet after check-in, and you can only use the public toilet with other customers. Secondly, netizen comments sometimes encounter unreasonable charging systems, and customers' normal demands will also become charging items; Importantly, many residential homestays are not equipped with hotel-standard fire prevention facilities and automatic alarm systems, which are prone to potential safety hazards. Most of these homestays and hostels have not uploaded their business licenses to the platform for review.
The hotel has a double or twin room, which is the same as the usual hotel room.
Offline:
Residential homestays have been accused of many hidden dangers
In 2018, Ms. Li (pseudonym) had just moved into a residential area in Tianhe District, Guangzhou, and found that there were many training and office spaces in the entire building. Later, some owners found another way, a set of more than 200 square meters of duplex partitions, disassembled into 5 to 6 small rooms, each room equipped with a toilet, a homestay was formed. The property does not have a reception, but can be booked online or through a third party for a short or long rental period.
Gradually, more and more flat-floor and duplex owners also modeled on the style and transformed into homestays and small hotels. These business premises are irregularly distributed on multiple floors and are mainly divided into two types: one is a public toilet plus a single room, with a single room area of about 15 square meters; The other is a single room with toilet, which is 20 to 30 square meters in size, and is mainly rented on a daily basis. Some small hotels have a front desk, "If there is no front desk, it is usually in a home on another floor." Ms. Leigh said.
Some small hotels have a front desk after entering.
Ms. Li found that most of these hoteliers were fellow villagers, investing in the hotel business together, moving around the building on a daily basis, taking the elevator to pick up and drop off customers. However, the proliferation of these homestays and small hotels has worried other owners living in the buildings. Ms. Li said that first of all, the mixed source of customers brought about safety risks. According to her observations, the customers of these small hotels include patients from nearby hospitals, as well as tourists, business travelers and short-term workers, of which more than half are patients and their families. The quality of these customers is also uneven, and there have been customers who broke the glass door on the first floor and urinated in public passages after drinking alcohol. Finally, whether the customer brought illegal supplies upstairs and what exactly he did in the room aroused the doubts of the owners, "Only if something happens can you know." ”
The second is the issue of renovation and disturbance. Ms. Li told reporters that the renovation of hotels and homestays is huge, and the residents of the entire building have suffered from it. For example, some suites need to be equipped with toilets, but a suite has only one sewer pipe, which means that the internal structure of the sewer must be modified, "Once the water leaked directly into the elevator, and the long-term conflict between the small hotel and the residents was also because of the leakage." Ms. Li said that the operators of small hotels have a unified management model, in order not to let the owners complain, the noise disturbance situation will be more closely monitored, but some sub-leased out to do script killing or dormitory houses, one house may live twenty or thirty people, at night noisy.
Finally, there is the problem of large consumption of public facilities and difficulty in repairing. Ms. Li said that the residential building is more than 20 years old and needs to focus on maintenance costs. However, the existence of small hotels and homestays has become an unclear bottom of the loss building, "such as the maintenance and replacement of elevators, how to unify?" "The owner of the property needs to share the cost according to the area, while the consequences of frequent customer use need to be paid by all owners. In addition, the property can do very limited, can only follow the fixed procedure to record the decoration drawings, as for illegal decoration, "there is no regulation to prevent tenants from changing the renovation." ”
Over the years, complaints and contradictions have continued, and the number of small hotels and B&Bs has increased, which has made the owners feel anxious and helpless. Ms. Li hopes that the relevant departments can manage this kind of commercial housing, at least not add any more, "because this amount is really too large!" ”
Investigations:
There are many homestays hidden in the community, and the owner said that the business is booming
In mid-May this year, Nandu reporters came to the above-mentioned communities for an unannounced visit. The residential area is a commercial and residential integrated residential building, with 5 floors below as a commercial podium and more than 5 floors as residential, consisting of two 30-storey towers. The reporter came to one of the towers, according to the owner, it contains two types of apartments, duplex and non-duplex, and the renovated hotels and homestays are irregularly distributed on multiple floors inside. From the scene, these hotels and guesthouses are unified entrance doors, and their appearance looks the same as other residences, and there are no signboards such as hotels and guesthouses.
After the reporter arrived at the 27th floor, I saw that the entrance door was open, and there was a front desk inside after entering, the house was in the form of a duplex, bypassing the front desk and walking the steps to go up to the second floor, the entire second floor space was partitioned, there was a public toilet, that is, a double bed room or twin room, the area of the single room was about 10-15 square meters, and the room card inserted on the wall next to the door could be powered on. When the reporter asked the staff why the hotel was set up in the residence, the other party said, "Many of them are like this, we are officially operated and have a business license." To continue selling the rooms, the staff member turned to other floors, where the same layout format allowed for more rooms to choose from and larger sizes, adding, "Many rooms are fully booked today." Seeing that the reporter was not satisfied, he immediately gave up the promotion.
Small hotel façade.
The reporter continued to the 23rd floor, and also saw a hotel with a similar layout, the difference was that the boss introduced that the room was too "hot" and had already been fully booked, and turned to the reporter to recommend the room in a nearby apartment. During the secret visit, the reporter also saw that other floors were being renovated, and the sound of machines turning resounded throughout the building. Some owners told reporters that the source of the sound was one of the hotel decorations. When the reporter went down to the entrance hall on the first floor, he bumped into the hotel staff who first contacted, and at this time he was waiting for guests downstairs, negotiating the price with the other party and carrying his luggage upstairs.
Subsequently, the reporter came to the community property management office, and the relevant person in charge told the reporter that many residential buildings in the community have been converted into hotels for a long time, and the decoration drawings have been filed with the property, but the property owner does not have the right to govern, and it needs to be handed over to the relevant departments to determine whether it is compliant and law enforcement banned.
On May 24, the reporter contacted the owner of a small hotel, who said that he had been doing this business for several years, and there were 10 or 20 hotels in the community, which had already blossomed everywhere. The hotel premises operated by themselves have issued business licenses and passed fire inspections. However, in response to the question that the address of the business license questioned by the residents was inconsistent with the actual and suspected to be affiliated, the other party did not explain much, and only answered "what concerns them". Finally, the boss also revealed in the conversation that because he was frequently complained by residents, involved in illegal operations, and detained by the local police, "but there is no policy that prevents us from doing it." ”
Water dispensers and lockers are available in common areas.
Residents complained one after another
The relevant departments have investigated and dealt with it on many occasions
The reporter learned that in response to the many problems bred by hotels and homestays in the current community, other owners have repeatedly complained through the government hotline 12345, and the streets and government departments have successively checked and found that there are indeed many problems, such as some hotels do not have business licenses, there are fire hazards and so on.
On May 29, the Xian Village Street Office of Tianhe District replied through 12345 that in response to the problems reported by citizens such as black hotels, residential reforms, and sublease reconstruction, street leaders attached great importance to them, and organized relevant functional departments to visit the door for investigation and punishment twice, distribute rectification notices, and interview the owners of black hotels to suspend business for rectification, and follow up on the rectification situation. On June 26, the Tianhe District Market Supervision Bureau replied that law enforcement officers had inspected at the address complained about, and after verifying that there were rooms for individuals engaged in hotel accommodation operations, they had ordered the company to apply for a business license. In addition, in response to the alteration that has already been put into use, the Street Enforcement Office went to the scene to verbally order the restoration; In response to the problem of refusal to issue invoices, the Tianhe District Taxation Bureau has warned education; In response to the problem of decoration construction, relevant departments have also visited the door to conduct education. However, as of July 3, according to Ms. Li and other owners, many hotels are still operating normally in the community.
In addition, the reporter searched on the platform and found that some hotels and homestay navigation addresses in the community were displayed in Tianhe District, but the business license address uploaded on the platform was displayed in a shop on Jiangnan Avenue in Haizhu District.
Dig deeper:
What are the regulations on "opening a hotel in a residence"?
So, what are the norms for opening hotels and homestays in residential buildings? The reporter looked for relevant information, in 2021, the General Office of the Guangzhou Municipal Government issued Document No. 2 of the Suifu Office Regulations [2021], which clearly stipulates that if the residence and business premises are residential, the applicant can only engage in e-commerce, online transaction services without physical stores, consulting and planning, industrial design, equity investment, consulting agency and other non-polluting and non-safety industries, and also need to submit to the local people's government or its dispatched agencies and other departments (units) and issue a site use certificate after the unanimous consent of the stakeholders; Occupations that are likely to pollute the environment, disturb the people, and involve the safety of people's lives and property, such as catering, entertainment, bathing, production and processing, sales and storage of flammable and explosive materials, shall not be engaged in residential buildings.
Liao Jianxun, a partner and public interest lawyer at Guangdong Guoding Law Firm, believes that the conversion of a residence into a hotel, hotel and other commercial premises must meet the following conditions: First, it must comply with Article 279 of the Civil Code of the People's Republic of China: "The owner shall not violate laws, regulations and management regulations by converting the residence into a commercial property." Where an owner converts a residence into a commercial property, in addition to complying with laws, regulations and management regulations, the unanimous consent of the interested owners shall be obtained. ”
Secondly, even if you have a business license, it does not mean that you can operate. Lawyer Liao pointed out that the hotel industry is a special industry, in addition to the need to apply for a business license, it is also necessary to apply to the local public security organ to apply for a special industry license, and the hotel is a public gathering place, according to the regulations, it also needs to be reviewed and accepted by the fire department, and it can only be operated in accordance with the relevant management provisions of the "Hotel Industry Public Security Management Measures" and the "Fire Protection Law". "After the renovation, the hotel had to pass the second acceptance by the fire department. At the same time, there is a public safety and hygiene issue involved, and the relevant health permits need to be obtained with the health authorities. ”
"Therefore, the requirements for converting residential buildings into operating hotels and hotels are very strict, and it is generally impossible to successfully renovate them." Lawyer Liao pointed out that other owners of a building can protect their rights in the following ways because they are disturbed: First, if the business address on the business license does not match the actual business address, they can complain to the market regulatory department and request investigation. Secondly, if the hotel has not issued the relevant special industry license, it can complain to the public security department and request that the business be closed for rectification. Finally, they can file a lawsuit by filing a lawsuit in court to demand that the other party stop the infringement and protect their legitimate and legitimate rights.
Lawyer Liao also reminded that changing the residence into a hotel and hotel, in general, will also change the structure of the house, increase the safety risk of the house, such as adding a bathroom to a room or balcony without waterproof requirements, which violates the relevant provisions of the "Measures for the Administration of Residential Interior Decoration and Decoration", and the owner can also complain to the housing department for the above-mentioned illegal acts, requesting investigation and punishment.
Southern Metropolis Daily (nddaily), N Video original report