There are two legal grounds for medical institutions to open in residential areas.
The first layer is civil legal relationship, involving developers, community owners and medical institutions. In terms of civil legal relationship, the developer sold the house to the owner. If there is an agreement in the commercial housing sales contract at that time that medical institutions cannot be opened in the community, the agreement shall prevail;
If there is no such agreement, its sale is its legitimate rights and interests. The owner's claim to the developer's contractual rights should also be based on the explicit agreement in the contract.
The other legal relationship is the neighboring right relationship between the real estate owner or user of the medical institution and the medical institution. Based on the property law, the owner or user of adjacent real estate should exercise his own ownership or use right on the principle of not harming the legitimate rights and interests of other neighbors.
Extended data:
legal ground
According to the Property Law of People's Republic of China (PRC)
Article 90 Owners shall not abandon solid wastes or discharge harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic wave radiation in violation of state regulations.
Article 91 A real estate owner may not dig a hole to borrow soil, build a building, lay pipelines or install equipment, which will endanger the safety of adjacent real estate.
Ninety-second property owners use adjacent properties for reasons such as water use, drainage, traffic, laying pipelines, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made.
China Legal Information Network-People's Republic of China (PRC) Property Law