1) you need permission from cooperative society for giving your premises on rent
2)you need licence under shops and establishment act for using the premises for boutique, coaching class etc
Rules required for renting residential flat to a commercial party
I do have my ground floor flat in a 4 storey ed residential building at Kolkata. In the said building, I am holding 50% Ownership rights with another party. The property is being inherited by both the present owners (including myself) from my ancestors but the ground floor flat is in my name. I would like to know that I want to rent out my ground floor flat to some party who wants to open either beauty parlour / boutique. My query is if I do rent for such purposes like - say beauty parlour, boutique, coaching center etc then do I need Commercial clearance for renting. Like for opening restaurant I need permission but for these above mentioned options do I need to take any special permission. Kindly, if anyone can mention the steps which I need to take care before renting my flat in order to avoid any problem at the late stage from anybody else.
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
1. There no separate permission is required to give a premises on rent to be used for commercial purposes.
2.Howeevr the tenant or the owner who wish to run the business requires to obtain the license from various authorities including the police authority and the municipality.
3. Since you are giving the proeprty on rent the job of procuring such licenses falls upon your tenant only.
4. To safeguard your interest you must incorporate a clause in the tenancy agreement that running of such business must start only after obtaining the necessary permissions from the public authorities.
1. First of all you shall have to find out whether the building plan sanctioned by the Kolkata Corporation is for commercial purpose of for residential purpose i.e. whether the ares is commercial or residential.
2. Even if it was originally sanctioned for residential purpose, it might have been allowed to be used for commercial purpose also like it has happened in Salt Lake area)
3. If the sanction is or the ares is not for residential purpose only, then you can let your premises out for any legal commercial,activity.
4. When your tenant will apply for trade license showing your ground floor as the place of business, the Calcutta Corporation officials will not provide Trade License if the area or building is not to be used for commercial purpose.
Hii, the residential property cannot be used for carrying out any type of commercial activity ..however it has to be seen , that the licence obtained for the building was partially commercial .. If yes then you can carry commercial activity ..
Letting out residential flat for commercial purposes, one has to have permission from the local civic body as the tax structure and other charges will vary from residential to that of the commercial place.
As far as business licence, the tenant will obtain based on the rental agreement
