• Permissibility of specific residential property to commercial

Hi Team,
I own a residential bungalow in Versova, Mumbai (99 year MHADA leased plot. The property ownership lies with me). I need to know
a. If it is permissible to use the property for commercial purposes (restaurant/retail shop/pub/ only office)
b. If yes then how shall I proceed to get the commercial license. Can I rent the property to another party to use this license to operate their own restaurant/ retail shop/pub/only office.
Asked 7 years ago in Property Law
Religion: Buddhist

2 answers received in 30 minutes.

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15 Answers

You need permission from BMC for using bunglow for commercial purposes

2) further check terms of your lease

3) whether prior permission necessaryof lessor for using land for commercial purposes

4) only then give premises on leave and licence for commercial purposes

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Strictly speaking a residential property can not be used for commercial purposes, how ever the residential property may be converted into commercial purpose for which you may have to approach the competent jurisdictional Commissioner for change of use.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

No, you can't use this bungalow for running a commercial activity unless you seek license for commercial use upon payment of requisite fee. Please check with the MHADA Office to inquire the fee and the steps/procedure for the said conversion from residential to commercial.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. There is no restraint to use residential premises for office purposes.

2.Only for running hotel, restaurant or spa special permission is required.

3.So if you wish to give this on rent to the tenant to run a restaurant then he will bear the headache to obtain such license. You need not bother. But allow him to use the premises only afer getting such licenses from local authority.

Devajyoti Barman
Advocate, Kolkata
23194 Answers
510 Consultations

Dear Client,

U cannot use residential property into commercial use nor commercial activity in residential area. It is only possible if under municipal rules that area is partly residential / partly commercial. Verify in the municipal office.

OR apply for change of use of land if its purely residential and if permissible.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

You have to get permission for commercial use from MHADA. Once you get the permission, you can sub lease to any person for commercial purpose.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

Thanks for your appreciation

You don’t need Lawyer to apply to BMC for using premises for commercial purposes

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Kindly send your lease deed. After going through the same, I will do your work. Though I reside in Hyderabad, I can come to your place, if you give me my fees.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

Give me some time. I'll let you know!

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Find some local advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

Please contact people regularly deals with this kind of activities or you can also approach the authority directly.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Ye you can definitely give the property to other person on lease so that they operate their commercial activities.

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

You may contact a local lawyer to get the work done.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Go to the office of planning and building in your municipality. Ask for an application to petition for rezoning. You will need to know the existing zoning classification of the property and the category to which you want to change it. Bring a map and parcel number of the property with you

The main rationale behind prohibitive or restrictive zoning laws is to maintain the residential character of a neighborhood. On the flip side, it is often illegal to live in some commercially zoned areas where you are running a business.

It is quite clear from a bare reading of Section 11 of the Act that a tenant or a landlord would not be permitted to convert a residential premises situated in a residential area for a commercial use.

From a bare reading of the provision under Section 13(2)(ii)(b) of the Act, it would be evident that if a tenanted premises is let out for residential purposes, but is being used other than that for which it has been leased out, i.e., for commercial purposes, the tenant is liable for eviction from the tenanted premises.

However you may follow the following steps:

Get a shop and establishment licence from the municipal authority concerned.

Before you apply, be clear on the area you would need and the kind of business you plan to carry out.

The civic body would levy commercial charges on the property and water and power supply, depending upon the area, the property size and the nature of business activity.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

Can anyone provide service to get this done for me

You may look for some consultant in the local for getting the desired services done on your behalf on their terms

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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