Legal analysis
Article 279 of the Civil Code of People's Republic of China (PRC) * * * The owner shall not change the residence into business premises in violation of laws, regulations and management regulations. If the owner changes the house into a business house, in addition to complying with laws, regulations and management regulations, it shall also be unanimously agreed by the interested owners.
Article 294 A real estate owner may not abandon solid wastes in violation of state regulations, or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, light radiation and electromagnetic radiation.
Opening a barbecue shop in the community is equivalent to converting residential use into commercial use. At the same time, due to the particularity of barbecue shops (need to discharge oil fume), it is likely to produce oil fume and odor, which seriously infringes on the legitimate rights and interests of other owners. At the same time, the damaged owner can also claim compensation according to the adjacent relationship and bear tort liability. As a residential area, residential areas are places where people live in daily life, so all owners need to jointly maintain the living environment.
legal ground
People's Republic of China (PRC) Air Pollution Prevention and Control Law
Article 81 A catering service operator who discharges lampblack shall install lampblack purification facilities and keep them in normal use, or take other lampblack purification measures to discharge lampblack up to the standard and prevent pollution to the normal living environment of nearby residents. It is forbidden to build, rebuild or expand catering service projects that produce oil smoke, odor and waste gas in residential buildings, commercial and residential buildings and commercial floors adjacent to residential floors in commercial and residential buildings without special flues. No unit or individual may barbecue food in the open air or provide a venue for barbecue food in the area prohibited by the local people's government.
Article 118 If a catering service operator, in violation of the provisions of this Law, fails to install oil fume purification facilities, use oil fume purification facilities normally or take other oil fume purification measures, and discharges oil fume beyond the discharge standard, the supervision and administration department determined by the local people's government at or above the county level shall order it to make corrections and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; Refuses to correct, shall be ordered to suspend business for rectification. In violation of the provisions of this law, in residential buildings, commercial and residential buildings that are not equipped with special flues, and commercial floors adjacent to residential floors in commercial and residential buildings, the supervision and management departments determined by local people's governments at or above the county level shall order them to make corrections; Refuses to correct, be closed, and impose a fine of not less than ten thousand yuan but not more than one hundred thousand yuan. Anyone who, in violation of the provisions of this Law, barbecues food in the open air or provides a place for barbecued food in a time period or area prohibited by the local people's government shall be ordered by the supervision and administration department determined by the local people's government at or above the county level to make corrections, and his barbecue tools and illegal income shall be confiscated, and a fine of not less than 500 yuan but not more than 20,000 yuan shall be imposed.