Can restaurants be opened in shops below residential buildings?

Food and beverages are not allowed in shops below residential buildings.

1. Mainly in accordance with Article 81 of the "Law of the People's Republic of China on the Prevention and Control of Air Pollution", it is prohibited to install in residential buildings, commercial and residential complexes without dedicated flues, and commercial and residential complexes. Newly built, renovated, or expanded catering service projects that generate oily fumes, odors, and exhaust gases in commercial floors adjacent to the residential floors in the building.

2. Once a restaurant opens, fumes and noise will inevitably affect the normal life of residents.

3. In 2010, the "Technical Specifications for Environmental Protection of the Catering Industry" issued by the Ministry of Environmental Protection stipulates that the distance between the exhaust outlet after oil fume purification and surrounding sensitive targets should not be less than 20 meters. The horizontal distance between the boundary of a newly built catering business unit that produces oil smoke and the boundary of an environmentally sensitive target should not be less than 9 meters. This is an industry standard, and catering service projects should follow this standard.

Extended information:

If you plan to purchase a residential property with a commercial property, be sure to read clearly the developer’s regulations on the business types that the commercial property can operate.

For example, the catering industry, KTV and other businesses that produce fumes and noise pollution, as well as businesses that affect the privacy and living space of community residents.

If there is any disturbing behavior during the operation of the underlying business, can the residents of the community who are neighbors request the business operator to stop the infringement based on the neighbor relationship?

If the shop downstairs affects your life, take up legal weapons in a timely manner to protect your rights and interests. Because most shops are sold to small owners, property control is basically impossible. Therefore, residents must work together to lodge complaints with relevant departments, such as environmental protection, urban management and other departments.

Reference: ifeng.com - Is it legal to open a restaurant downstairs in a residential building