Traditional Culture Encyclopedia - Hotel accommodation - Is it allowed to build hotels in residential areas?

Is it allowed to build hotels in residential areas?

Hotels are not allowed in residential areas. According to Article 14 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases concerning Disputes over Differentiated Ownership of Buildings", the construction unit or other actors may occupy, dispose of, or otherwise operate the owner's property without authorization. In relation to sexual activities, if the right holder requests to eliminate obstruction, restore the original status, confirm the invalidity of the disciplinary action, or compensate for losses, the people's court shall support it.

In the case of unauthorized business activities as mentioned in the preceding paragraph, if the right holder requests the perpetrator to use the proceeds after deducting reasonable costs to supplement special maintenance funds or other purposes agreed upon by the owner, The People's Court should support it. The perpetrator bears the burden of proof for the expenditure and its reasonableness.

Extended information:

Article 7 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases concerning Disputes over Differential Ownership of Buildings"? Change the use of certain parts of the ***, The use of part of the property to engage in business activities, the disposal of the part of the property, and the matters that the owners' meeting decides in accordance with the law or the management agreement determines in accordance with the law that the owners must jointly decide, shall be deemed to be Article 76 of the Property Law. "Other major matters" regarding ***'s ownership and shared management rights as stipulated in Item (7) of this paragraph.

Article 10: The owner changes the residence into a commercial building without the consent of the interested owners in accordance with the provisions of Article 77 of the Property Law. The interested owners request that the obstruction be eliminated and the danger eliminated. , restore the original status quo or compensate for losses, the People's Court shall support it.

If an owner who converts his residence into commercial housing uses the defense that the majority of interested owners agree with his behavior, the People's Court will not support it.

Article 11: If an owner changes a residence into a commercial building, other owners in the building shall be recognized as "interested owners" as mentioned in Article 77 of the Property Law. If owners outside the building within the building zoning district claim to have an interest, they should prove that the value of their houses and quality of life are or are likely to be adversely affected.

Reference materials:

Baidu Encyclopedia - "The Property Law of the People's Republic of China"

The official website of the Supreme People's Court - "The Supreme People's Court's Judgment Buildings" Interpretation of Several Issues on the Specific Application of Law in Distinguishing Cases of Ownership Disputes"