There are always strangers in and out of the neighbor's house with suitcases, and when I ask, I know that it is a homestay, and the neighbor is still very proud, saying that he has already done the business license and is operating legally. What should I do if strangers enter and exit so easily and my valuables are gone? What should I do if there is a malicious injury incident? Is it really legal for a residential house to be used for business?
1. Is it legal to use a residential house for business?
Of course not. According to 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.
In other words, even if the B&B obtains a business license, as long as the unanimous consent of the interested owners is not obtained, it is illegal to operate the B&B with a dwelling, and the residential use of the house should be restored. Because the act of operating a homestay actually changes the nature of the house, obtaining a business license and filing it with the public security organ is an act of applying for administrative registration and permit, and does not affect the determination of the validity of the civil act of "housing reform business".
2. What procedures do we need to go through for the operation of residential houses?
In fact, it is much more difficult than we think to legally operate a residential house, and the following procedures are necessary in addition to obtaining a business license and the unanimous consent of the interested owners.
First of all, you need to apply for a special industry license. The hotel industry is a special industry, which is easy to be used by criminals because of the content and nature of its business, and has become a place for stealth and settlement, so it is an important object of public security administration and public security prevention. Therefore, in addition to having a business license, you also need to apply to the local public security organ and apply for a special industry license.
Secondly, it is necessary to obtain a qualified opinion for fire inspection. B&B is a public gathering place, and 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 regulations of the "Measures for the Administration of Public Security in the Hotel Industry" and the "Fire Protection Law". After the renovation, the hotel must pass the second inspection of the fire department.
In some cases, it is also necessary to have a health permit with the competent health authority. As you can see, the requirements for converting a house into a guesthouse are very strict, and it is generally impossible to renovate successfully.
If your situation falls into the latter category, and you also feel that your life is disturbed because your neighbors run a homestay with a homestay, you should make it clear that their behavior is illegal, and you can express your demands reasonably and legally through a lawsuit, or you can ask to inquire whether the homestay has passed the legal process, so as to protect your legitimate rights and interests.
For more questions, please feel free to contact us.
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