Is it legal to open a hotel downstairs in a residential building?

It is legal to open a restaurant downstairs in a residential building. You can open a restaurant downstairs, but you need to meet a series of related conditions, as follows:

1, commercial and residential building. Regarding whether restaurants are allowed in residential buildings, the first factor to be considered is the type of building. If it is a simple residential building, even if there is a garage on the 1 floor, restaurants are not allowed. However, compared with commercial and residential buildings, most of the locations on floors 1 to 3 belong to commercial areas. After meeting the basic commercial conditions, restaurants are allowed to open in this area;

2. Exhaust conditions. According to the smoke exhaust facilities of commercial and residential buildings, restaurants can be opened if they meet the smoke exhaust conditions, and those that do not meet the conditions are not allowed to open. According to Article 8 1 of China's Air Pollution Prevention Law, restaurants are not allowed to be opened in commercial areas that are in direct contact with residential buildings on the basis of combining buildings, and in commercial areas that are not equipped with special flues and affect adjacent commercial operations;

3. Planning factors. In the construction and development of buildings, various related factors will also be considered, especially the facilities in the business district. When the installation of the smoke exhaust system in the commercial area does not meet the environmental technical specifications, the restaurant shall not be opened. For example, in the relevant technical regulations, the oil fume is discharged through the exhaust pipe, and restaurants are not allowed to be opened because the position of the exhaust port is close to the surrounding sensitive targets, only 20 meters away.

Legal basis:

"People's Republic of China (PRC) air pollution prevention law" eighty-first.

The catering service operators who discharge 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 to 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.