In principle, a medical institution cannot be located in a neighborhood
There are two levels of legal basis for a medical institution to be located in a neighborhood.
The first layer is the civil legal relationship, which involves the developer, the owners of the neighborhood and the medical institution. From the civil legal relationship, the developer sold the house to the owners, if then in the contract for the sale of commercial property in the agreement can not be opened in the community of medical institutions, then follow the agreement;
If there is no such agreement, the sale of its legal rights and interests. Owners to the developer to claim contractual rights should also be based on the explicit agreement of the contract.
Another layer of legal relationship is the existence of the medical institution adjacent to the real estate owner or user, and the existence of the medical institution neighboring right relationship. Based on the Property Law, the owner or user of the neighboring real estate shall exercise his/her right of ownership or use in a way that does not harm the legitimate rights and interests of other neighbors.
Expanded Information:
Legal Basis
According to the Law of the People's Republic of China on Property Rights of the People's Republic of China*** and the State of China
Article 90 Owners of rights to immovable property shall not, in contravention of the state regulations Dispose of solid waste, discharge of air pollutants, water pollutants, noise, light, electromagnetic wave radiation and other harmful substances.
Article 91 The excavation of land, the construction of buildings, the laying of pipelines and the installation of equipment by the owner of an immovable property shall not jeopardize the safety of the adjacent immovable property.
Article 92 Where the owner of real property rights utilizes adjacent real property for the purpose of water use, drainage, passage, laying of pipelines, etc., he shall endeavor to avoid causing damage to the adjacent owner of real property rights; where such damage is caused, compensation shall be paid.
China Legal Information Network - Property Rights Law of the People's Republic of China