Does the owner violate the property law by changing the house into a "homestay"?

This is a residential operation, and it is not illegal to go through the relevant procedures according to the procedures.

According to Article 77 of People's Republic of China (PRC) Property Law? Owners shall not violate laws, regulations and management regulations, and change the house into a business house. Owners who change their houses into business houses shall obtain the consent of interested owners in addition to observing laws, regulations and management regulations.

Extended materials:

It must be clearly stated that "changing residence to business" is not unconditional, and residential owners cannot do whatever they want when changing their residential uses. They need to meet two conditions: first, there is no corresponding prohibition in relevant laws and regulations. Second, "residential business" must get the consent of interested owners, not just "other owners in the same building"

It also includes "affected owners in other buildings". This is a concrete manifestation of properly handling neighboring relations and fully respecting neighboring rights. If the relevant owners do not agree, even if laws, regulations and management regulations do not prohibit it, the house cannot be converted into business. The above two conditions must be met at the same time, and neither of them is dispensable. To sum up, the transformation of residential houses into commercial houses mainly involves the following relevant laws and regulations:

Article 50 of People's Republic of China (PRC) Property Management Law? "Public buildings and facilities in the property management area in accordance with the planning and construction shall not be changed. ? If the owners need to change the use of public buildings and facilities according to law, they shall inform the property management enterprises after handling the relevant formalities according to law; If a property management enterprise really needs to change the roads of public buildings and facilities, it shall submit it to the owners' meeting for discussion and decision, and the owners shall go through the relevant formalities according to law. "

According to the document the State Council [2008]11. That is, the General Office of the State Council forwarded the Guiding Opinions of Ministry of Human Resources and Social Security, the National Development and Reform Commission, the Ministry of Education, the Ministry of Industry and Information Technology, the Ministry of Finance, the Ministry of Land and Resources, the Ministry of Housing and Urban-Rural Development, the Ministry of Commerce, the People's Bank of China, the State Administration of Taxation and the State Administration for Industry and Commerce on Promoting Employment through Entrepreneurship.

"Second, improve support policies and improve the entrepreneurial environment ... Fourth, relax market access. ... in accordance with the conditions, procedures and contractual agreements stipulated by laws and regulations, entrepreneurs are allowed to use family houses, rented houses, temporary commercial houses, etc. As a business place. "