According to Article 49 of the Property Management Regulations, public buildings and facilities built according to the plan in the property management area shall not be changed, and garages are prohibited from being used for residence, production and operation.
The owner used the garage originally used for parking vehicles without authorization, which changed the use of the garage. In addition, if the garage is privately connected with water, electricity and sewage pipes when residents live, the operation is not standardized and it is easy to cause safety hazards.
Because of the differences between tenants and other owners in working hours and living habits, it is also prone to random discharge of pollutants, noise disturbing people and even public security incidents. Not only that, the behavior of renting tenants occupying the garage also occupies the supporting facilities in the community.
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Related case: it is illegal to change the garage into a shop in the community.
Recently, Ms. Zhang, the owner of Tianshangrenjian Community in Fengxiang East Road, Haikou, reported to this newspaper that many garages in Building 7 1-73 of the community were rented out or used by the owners to open stores. Ms. Zhang said that there is no property right certificate in the garage, and the shops that have changed the garage have actually applied for industrial and commercial business licenses. After receiving the report, the industrial and commercial personnel rushed to the scene to investigate, saying that all four stores had already applied for business licenses, and the industrial and commercial departments could not manage them.
On the afternoon of June 24th, the urban management department of qiongshan district, Haikou, after on-site investigation, issued a rectification notice to the garage owner, ordering him to stop turning the garage into business before June 27th. The urban management department said that if these "garage shops" continue to operate beyond the time limit, they will be dealt with according to law.
Ms. Zhang told reporters that Building 7 1-73 in Tianren Community is close to the west gate, and some owners think it is profitable, so they change the garage into a shop for rent or open their own shop. Today, there are four "garage shops" in these three buildings, including training institutions, dry cleaners, health centers and legal consulting companies.
"The garage is used for parking. I'm afraid it's not appropriate to change the structure and rent it as a business?" Ms. Zhang said that what puzzled the owners was that several shops, such as dry cleaners, actually applied for industrial and commercial business licenses, and the operators used the business licenses as a "shield" to deal with the owners' doubts.
"Changing the garage into a shop and changing the structure and use of the building privately not only does not meet the relevant regulations, but also has some adverse effects on our owners." Ms. Zhang said that these shops are basically open all day, and customers come in and out, which will inevitably produce noise pollution and even affect the health and traffic of the community.
"Especially in the piano training center, the noise of children practicing piano will definitely affect our owners." Ms. Zhang said that there is also a health club here, and there are often some unpleasant medicinal smells floating out of it. Ms. Zhang said that the owners have complained to the property many times, but the problem has not been solved. It is hoped that the relevant departments will intervene in the investigation and handle these garages and restore them to their original state as soon as possible.
At noon on June 23, the reporter came to the Tiandi community for an interview. The reporter found that some garages on the first floor of Building 7 1-73 in the community were indeed converted into shops, in which the doors of the health center and the training center were locked, while a dry cleaner was open.
Manager Zhao of the dry cleaner said that she just sold her former boss's dry cleaner last month. "I saw that the former boss had complete procedures and a business license. After operating here for three years, he settled down." Manager Zhao said that she just got a new business license two days ago and now she has started business. As for the owner's questioning about the rationality of converting the garage into a shop, Manager Zhao said that the garage is owned by a private owner, and she paid the rent to the owner on time and applied for an industrial and commercial business license, which is legal and no problem.
Manager Zhao also said that there is basically no noise in the washing machines of dry cleaners. The dry cleaners are closed at noon and there are not many guests during business hours, which should not cause any trouble to other owners.
Zhang Guobing, manager of Tianrenren Residential Property Service Center, said that the property has received complaints from the owners about the garage being converted into shops. Zhang Guobing said that the owners are also opposed to changing the use of the garage without permission. He introduced that the purchase contract signed by the developer and the owner and the temporary statute of the owner signed by the developer, the property and the owner clearly stipulate that the owner cannot change the use of the garage privately.
Therefore, the property repeatedly advised the owners not to change the use of the garage without authorization, and also issued a rectification notice to them, ordering them to restore the original state as soon as possible, but the garage owners and merchants still went their own way. Zhang Guobing provided relevant materials to reporters. The reporter saw that the property had issued a rectification notice to the dry cleaner on 20 14, ordering it to be restored to its original state. 20 15 has issued a rectification notice to the legal consulting company. Since the beginning of this year, rectification notices have been issued to relevant owners many times.
Zhang Guobing said that at present, the No.8 garage where Building 7 1-73 is located has four pavements, among which the dry cleaners and legal consulting companies started their business several years ago. Later, health clubs and training centers also opened. Zhang Guobing said that after the notice of property dissuasion and rectification was invalid, the relevant situation was reported to the relevant departments, and the departments of industry and commerce, urban management and so on also investigated and dealt with it, but the problem has not been solved.
He said that if the problem is still unresolved, the property intends to consult the owners extensively, reflect the situation to the relevant government departments, and strive for the intervention of relevant departments to help solve the problem.
On June 23, the staff of Haikou Dongmen Industrial and Commercial Office rushed to the scene to investigate and handle the owner's complaints.
Director Lin of Dongmen Industrial and Commercial Office of Haikou City introduced that some owners complained that four shops in the community were operating without a license, and the staff of the institute rushed to the scene to investigate and deal with it that morning. "When our staff arrived, the dry cleaners and the legal consulting company were open, and the other two stores were not open."
Director Lin introduced that after on-site inspection, both dry cleaners and legal consulting companies have industrial and commercial business licenses, and the license address of legal consulting companies does not match the business premises. However, according to the relevant provisions of the reform of the industrial and commercial registration system in Hainan Province, this situation is allowed. Director Lin said that because the fitness club and training center were closed at that time, the staff called the heads of the two business premises afterwards to verify the situation. After systematic inquiry, it was found that the fitness club and training center also applied for business licenses.
Director Lin said that after investigation, some shops used the real estate license of the owner's house to apply for industrial and commercial licenses, and some shops used to register in other places. He explained that according to the relevant provisions of the reform of the industrial and commercial business license registration system in Hainan Province, as long as the legal person ID card, lease contract and property right certificate can be provided, the industrial and commercial business license can be applied.
The business license address and business premises can be separated, so there is no problem with the licenses of these stores. As for the conversion of the garage to commercial use, he suggested that the owners report the situation to the housing and construction department.
The reporter then reported the situation to the relevant person in charge of Haikou Housing and Construction Bureau. The person in charge said that changing the nature or structure of the building needs to be reported to the planning department, and construction can only be carried out after approval, otherwise it is illegal. The person in charge suggested that the owner complain to Haikou Planning Bureau.
The reporter then reflected this situation to the Planning Bureau of Haikou City. The relevant staff of the bureau said that it is not allowed to change the structure or use of the community garage privately, and if necessary, it needs to be reported to the planning department for approval. According to the staff, unless the garage is transformed into a public service package or service facility, it is not allowed to change its structure or use. Therefore, it should be illegal for some garage owners in Tiandihui Community to change the use of the garage privately. The relevant person in charge of the bureau said that the relevant law enforcement power is in the urban management department, and it is recommended that reporters report the situation to the urban management department.
The reporter then reported the relevant situation to Haikou qiongshan district Urban Management Bureau. On the afternoon of June 24th, law enforcement officers of qiongshan district Urban Management Administrative Law Enforcement Brigade went to the scene to investigate and found that there were five "garage shops" in Building 7 1-73. The urban management department issued a rectification notice to the garage owner, ordering him to stop the commercial operation of the garage before June 27.
At noon yesterday, the reporter saw in Tiandi Community that the dry cleaners were still open. The person in charge of qiongshan district Urban Management Administrative Law Enforcement Brigade said that if these "garage shops" continue to operate beyond the time limit, they will be dealt with according to relevant laws and regulations.
People's Network-Is there a "garage shop" in your home? It is illegal to turn the garage into a shop.