I am an owner in the rights protection, because of the rights protection of the establishment of the account, the owners with the same problem can join the fan ** stream.
Do the owners have such an experience: after a period of renovation, the neighbor opposite has hung up the sign of the homestay and a certain company, and the downstairs neighbor rents out the house and opens a barbecue restaurant!
After the house became a commercial service, it attracted a large number of people outside the community, which naturally brought potential safety hazards, as well as noise and fumes from the hotel, all of which disturbed the surrounding owners at all times. What should the owners do?Go to the Market Supervision Bureau (formerly the Industrial and Commercial Bureau) to report, and check that the person has a formal business license, not an illegal business. What about going to the property to complain?The property must be spread with both hands, we have no law enforcement power and nothing can be done, and everyone has obtained a business license, can we manage it?Then I went to the community neighborhood committee, the neighborhood office, the urban management, etc., and after tossing for a long time, I still couldn't solve it.
Residential properties are only residential properties, not commercial properties, and in the past, they could not be engaged in business activities. However, in recent years, in order to invigorate the economy and lower the threshold for entrepreneurs, various localities have relaxed their business premises, so various commercial service facilities may appear in residential buildings. However, when the owner encounters such a situation, his own rights and interests are indeed infringed, how to protect his rights?
In March 2022, Zhang Moumou, Tiedong District, Anshan City, rented out his residential house located on the 1st floor of Building 2 on Miner Road to Liu to operate a barbecue restaurant. Yin, who lives at No. 4 on the 2nd floor of Building 2, sued the court on the grounds that he was infringed by a barbecue restaurant, demanding that Zhang restore the house to its original state.
After hearing the case, the court held that the case was a dispute over the ownership of the building. Article 279 of the Civil Code stipulates that: "The owner shall not violate laws, regulations and management regulations by changing the residence into a business building." If the owner changes the dwelling into a business building, in addition to complying with laws, regulations and management regulations, it shall be subject to the unanimous consent of the interested owners". Defendant Zhang Moumou did not provide evidence to prove that his act of changing the residence into a commercial house was unanimously agreed by the interested owners, so the defendant's conduct did not comply with the law. The court of first instance ordered the defendant to restore the house to its original state. Later, the defendant appealed, which was rejected by the Anshan Intermediate People's Court in accordance with law. ((2023) Liao 03 Min Zhong No. 2144).
If the owner encounters a neighbor who has turned the house into a commercial house, and the property, community, and street office are unable to solve the problem, filing a lawsuit is a good way to solve the problem.
When encountering such disputes and need to file a lawsuit for resolution, the owner should pay attention to the following points:
1. According to Article 279 of the Civil Code, the owner's change of use of the property not only violates laws and regulations, but also may violate the management convention, so that if the community has established an owners' committee, then the owners' committee can file a lawsuit.
2. The defendant in such a case will often defend that "the consent of some of the surrounding owners has been obtained" and "the plaintiff owner has no evidence to prove that the damage has been suffered, or there is no causal relationship between the damage and the defendant's change of use of the house". Some defendants will greet their neighbors and give them certain compensation in advance when changing the use of the house, but Article 279 stipulates that "the unanimous consent of the interested owners" must be obtained, and according to the judicial interpretation of the Supreme People's Court, other owners in the building shall be deemed to be interested owners. Therefore, it is not possible for the defendant to obtain the consent of some of the neighbors, but the consent of the whole building.
However, according to the Civil Code and the interpretation of the Supreme People's Court, the owner of the building is an interested owner, and unlike the owner outside the building, it is not necessary to prove that the value of the house and the quality of life have been or may be adversely affected.
3. The owners who can sue to protect their rights are not limited to the owners in the building. According to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over the Ownership of Buildings by Distinction, the owner of a building outside the building shall prove that the value of his house and the quality of life of his or her own property are or may be adversely affected. Therefore, even if the owner of the building is not the owner of the main building, as long as he proves that he has been affected by the change of use of the house by his neighbors, for example, although his home is far away from the defendant and is not disturbed by oil smoke, but the people who come here to eat often park their cars in front of their homes, it will still affect him.
The opening of commercial services in residential buildings not only has an impact on the quality of life of the owners, but also discounts the value of the house.
Owners & Properties