1)owner would need permission from municipal corporation for running pre school or creche

2) it should be education officer of municipal corporation

Pre-schools cannot be opened and run in residential areas in Bangalore. You will need to obtain a Trade License from BBMP in order to run a pre-school in commercial areas.

Zonal areas are classified and therefore running a pre-school in a residential area is liable to attract closure from BBMP.

The owner and school management both are liable for prosecution if the pre-school is run in a residential zone.

1. Imparting education at any level, be it preschool, primary or secondary, is a not a commercial activity. This is a service irrespective of the fact that imparting education generates some profit. In view of this settled proposition, you can easily lease out your residential house to a branded or local preschool/creche.

2. Neither you will be at fault nor the tenant for this is not a commercial activity by any stretch of imagination.

3. If BBMP issues you a notice in this regard, the same can be challenged before the High Court. You also have protection of Article 14, 19(1)(g) and 21.

legally one can not give it on rent, however if you want to escape the legal procedure (if any) in future then do not write in the lease agreement that the same is being leased out for the purpose of running pre-school or creche.

Pre school management, as you will escape your liability by drafting the lease agreement in a clever manner.

commercial activity: Definition of this is subjective like the SC has held that legal profession and architects profession is not a commercial activity but that also has some exception to the same. Likewise in general parlance any particular transaction, act or conduct, or any regular course of conduct, that is of a commercial character is termed as commercial activity.

Please correct me if there is some factual consistency and let me know if I can be of some help to you virtually.

Regards

Ans1 A owner can rent his property to any person or business entity for running some business or hold office at his premise, unless otherwise the business is illegal or it is made for some illegal purpose. If in the purview of the local municipal law renting or owning of pre school or crèche is made illegal in certain residential areas then you can challenge it in a court of law.

Ans 2.. if it is against the law then everybody will be in default but the authority who have given the permission to do business will be in fault..

Can a owner of an residential house, give for rent his house for running of pre-school or creche?

Then this property can be termed as commercial and the tax and other rates will be applicable to the commercial rates.

If the above act is against law, who will be faulted in law - owner of the building, pre-school management or the BBMP?

It can be revealed in the rental agreement entered between the landlord and tenant, thereby both can be held responsible for ignorance of law.

Criteria of a commercial activity - is it simply no buying and selling activity involving physical goods or much more?

It is much more, such activities which generate income through business is commercial activity.

Please note that if the bbmp is not.adhering to rules you can file a writ Petition with high court with five or more interested parties and it will not be expensive or time consuming ..... the court will issue guidelines to bbmp and also if the pre school has got licence and converted that residential to ccommercial property with permission by paying commercial taxes it can't be questioned unless you can find any rules or ordinance stating that residential property and ccommercial property needs to be in seperate zone