A large kitchen exhaust duct has recently been quietly installed at Building No. 1 of the VIP residential complex. The building's main structure and its podium are structurally connected with no physical separation between them, according to a photograph taken by Xia Yun.
Because the mixed-use commercial and residential building was not equipped with a dedicated catering flue, the hotel added an exhaust duct to the facade without authorization after moving in, triggering strong objections from homeowners. Recently, multiple homeowners at the VIP complex on Lane 727, Pudong Avenue reported to a local help hotline that a kitchen exhaust duct had been quietly added to the facade of the podium at Building No. 1. The building in question is a mixed commercial-residential structure that originally had no dedicated catering flue, and the hotel installed one without authorization after moving in, which homeowners say violates environmental protection regulations and infringes on all owners' lawful rights over the shared portions of the property. Homeowners argue: "The property certificate clearly states that the podium and the main building cannot be separated. The facade belongs to all owners as a shared portion, and the hotel has no right to unilaterally alter the public building structure."
Building structure links commercial and residential areas
A site visit by the reporter confirmed that Building No. 1 of the VIP complex sits right next to the Pudong Avenue arterial road and is shaped like an "L," divided into two major sections: a high-rise residential main building and a five-story podium on the side. According to homeowners, floors one through five of the building are connected commercial spaces, with the main structure and podium structurally linked and no physical separation between them; the owner entity is Schiller Investment Management Consulting (Shanghai) Co., Ltd. Floors above the fifth are residential units, making it a typical mixed commercial-residential building. Early this year, Atour Hotel moved in, leasing the entire first through fifth floor commercial area of the main building plus the entire five-story podium, preparing to open more than one hundred guest rooms. Interior renovation work is now nearing completion. The core issue that sparked collective opposition from homeowners is precisely the new construction carried out during the hotel's renovation: starting in August, multiple homeowners noticed that the hotel had quietly installed a large kitchen exhaust duct on the facade of the podium at Building No. 1. Since the building was completed and delivered, it has never been designed with a dedicated catering flue. Homeowner Ms. Gao raised an environmental compliance objection, citing relevant provisions of the Ecological Environment Code of the People's Republic of China, which prohibit the new construction, renovation, or expansion of catering service projects that produce cooking fumes, odors, or waste gas within residential buildings, mixed commercial-residential buildings lacking dedicated flues, and commercial floors adjacent to residential floors within such buildings. Homeowners further argued that the building's property ownership attributes directly confirm the non-compliance of the construction. The first through fifth floor commercial areas of Building No. 1 have no independent partitions and no separate street numbers; each floor corresponds to only one unified property certificate, and the certificate area uniformly includes both the main building and the podium area, with the two fully bound together and inseparable. Homeowners contend that given the entire building has no native dedicated flue, the hotel's unauthorized installation of an exhaust duct clearly violates the prohibitive environmental protection provisions and creates a major hidden danger of future cooking fume disturbances.
Commercial use and construction compliance
Regarding the homeowners' concentrated complaints about the allegedly non-compliant exhaust duct installation, the reporter sought verification from the local Lujiazui Subdistrict Office, which, together with urban management enforcement authorities, provided an official determination. According to the subdistrict, Building No. 1 of the VIP complex was completed in 2003, with commercial floor area of approximately 6,820 square meters across floors one through five. Real estate registration information clearly designates the property use as commercial and the property type as shopping mall. After on-site inspection, the newly installed exhaust duct is located on the outer side of the podium, with the discharge outlet more than 20 meters in a straight line from the residential building. Urban management authorities determined that the commercial podium area does not fall within the prohibited category stipulated in Article 250 of the Ecological Environment Code of the People's Republic of China and is not subject to the prohibited siting provisions for cooking fume projects in mixed commercial-residential buildings. Additionally, pursuant to Article 17 of the Shanghai Construction Project Planning Permit Exemption List (Trial) issued by the Shanghai Municipal Planning and Natural Resources Bureau (Hu Planning and Resources Construction [2024] No. 380), the cooking fume purification and exhaust facilities built as supporting infrastructure for the hotel constitute routine environmental protection support facilities and do not require a planning and construction permit. The overall construction process complies with Shanghai's current planning management requirements. The subdistrict also emphasized that the hotel operator and construction party have been clearly informed that any future catering business operations must strictly implement ecological and environmental protection control requirements, routinely activate cooking fume purification equipment, properly operate and maintain pipeline facilities, ensure stable compliance of cooking fume and odor emissions, and resolutely prevent cooking fume disturbances.
Shared rights and the missing consultation process
Homeowners at the complex do not accept the local authorities' response. The hotel and the property owner did not report the new exhaust duct on the podium to the homeowners' committee in advance, nor was it put to a vote by all owners. Multiple homeowners pointed directly to the core dispute: construction compliance does not equal legitimacy of rights. Homeowner Mr. Liu stated that relevant departments determined construction compliance solely based on "property registration as commercial use," while ignoring the residential nature of the floors above the podium. The podium is not an independent commercial building; it is an inseparable附属 part of the mixed commercial-residential Building No. 1. The building facade and public structures are all shared portions belonging to all owners, not a private area the hotel can independently modify. Homeowners stressed that a planning permit exemption merely means the construction does not require administrative approval from the planning department; it absolutely does not mean the statutory procedures under the Civil Code regarding owners' shared rights can be circumvented. Modifying the shared building facade of the complex and installing permanent pipeline facilities directly affects all owners' public rights, living environment, and building safety. It constitutes a major matter requiring a collective vote by the owners' assembly, and the hotel and construction party have no right to carry out unilateral construction modifications. Regarding whether consultation with all owners is required for shared portions, the local subdistrict urban management department responded that according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes Over the Division of Ownership of Buildings, "where an owner, based on reasonable needs for the specific use functions of an exclusive portion such as a residence or commercial property, uses the roof and the exterior wall corresponding to that exclusive portion without compensation, it shall not be deemed an infringement. However, this does not apply where laws, regulations, or management covenants are violated and the lawful rights and interests of others are harmed." Urban management enforcement officers stated that based on the actual on-site situation, the hotel installing an exhaust duct on the facade of its exclusive podium portion does not constitute a legally prohibited or restricted act, and local subdistrict management and enforcement departments have no compulsory means to require the hotel to conduct a consultation with all owners before installing the exhaust duct. The relevant administrative legal basis is insufficient. If some homeowners insist that the hotel has committed an infringement, they may resolve the matter through judicial channels. As of press time, the local subdistrict stated it will continue to build a communication and coordination platform for both the commercial and residential parties and, on the basis of compliance with laws and regulations, respond to reasonable concerns. This matter will continue to be followed.
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