Is it allowed to open a restaurant in an apartment building? According to legal regulations, is it allowed to arbitrarily change the function and purpose of using the common property of an apartment building?

1. Is it allowed to open a restaurant in an apartment building?

Pursuant to the provisions of Clause 3, Article 2 of the 2023 Housing Law on the definition of apartment buildings as follows:

“An apartment building is a house with 2 floors or more, with many apartments, with common walkways and stairs, with private ownership, common ownership and a system of infrastructure works for common use by families, individuals and organizations, including apartment buildings built for residential purposes and apartment buildings built for mixed-use purposes”.

In addition, according to Clause 5, Article 3 of the Regulations on management and use of apartment buildings issued together with Circular 05/2024/TT-BXD, "A mixed-use apartment building is an apartment building designed and built for residential purposes and other purposes such as offices, services, and commerce".

Thus, in the case of an apartment building for residential purposes, according to the provisions of Point c, Clause 8, Article 3 and Point b, Clause 1, Article 10 of the 2023 Housing Law, apartment users are not allowed to open a restaurant in the apartment building.

In the case of a mixed-use apartment building, it is possible to open a restaurant in the apartment building. However, it is necessary to register a business and conduct the restaurant business in the apartment according to the provisions of law.

2. What should be noted when opening a restaurant in an apartment building?

If the apartment building is for mixed purposes, when opening a restaurant in the apartment building, the apartment building user needs to note the following:

- Business registration: According to the Commercial Law 2005, when doing food service business, the shop owner must register the business under the industry code 5610 before operating.

- Ensuring food safety: According to Decree 15/2018/ND-CP, food service establishments need a Certificate of food safety eligibility, except for small businesses. For individual businesses, it is only necessary to comply with the requirements on hygiene and food safety according to the Food Safety Law 2010.

- Comply with apartment building regulations: Business people must comply with the regulations of the Apartment Management Board on safety, security, fire prevention and fighting and business conditions to ensure harmony of interests and order in the residential area.

3. Is it allowed to arbitrarily change the function and purpose of using the common ownership part of an apartment building?

Based on Clause 8, Article 3 of the 2023 Housing Law on prohibited acts in the management and use of common housing, specifically as follows:

“[…]

c) Arbitrarily changing the function and purpose of using the common ownership part or common use part of an apartment building; using an apartment for purposes other than residential purposes; changing or damaging the load-bearing structure; dividing or separating an apartment without permission from a competent state agency;

[…]”

Accordingly, apartment users are not allowed to arbitrarily change the function and purpose of using the common ownership part or common use part of an apartment building according to the provisions of law.

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