• Use of private garage

Hi,
I own a garge in a co op society. Have got the noc from society for commercial use of Garage premises. Also have been paying commercial tax and hold a commercial electric meter for the same since last 7 years.
Recently a person whoi has bought a flat has complained for the use of garage with Pune Municipal Corporation. 
Can I apply for change of use? 
Would that be accepted?
I only own the garage and no flat is attached to this garge.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

1. It appears the you have necessary permission from the society for running the business but no trade license or other related permission from the municipality.

2. Without necessary license from the local authority including the municipality running of business solely on the basis of nic from society is not enough.

3. So if you lack those licence apply the same for you.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

It is advised that you apply for the appropriate licenses before the municipal authority as running a commercial establishment merely on the basis of NOC is non sustainable.

Since you are also depositing the commercial tax, I do not think so that there will be any issue at the time of conversion of the land.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

you cannot own garage in society if you dont own a flat

2)the enjoyment of the garage is incidental to the flat.

3)there can be no separate sale of these garage spaces to third parties who are not owner of the flats.

4) your change of user would not be accepted

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. You are not the owner of a flat in the said complex.

2. The society of the flat owners of the said complex has permitted you to use your garage for commercial purpose.

3. You have been paying all statutory dues and also holding electric meter for using the garage commercially.

4. If the area has not been declared or specifies as residential area by the local Municipal Corporation, you can not be questioned for using your garage commercially for which it has been meant for.

5. If as per the local Municipal corporation, no commercial activity can be carried out from the said complex, you won't ave to change the category of use in the records. You shall have to just stop using it commercially any further.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1) You don’t have flat in society

2) Sale by builder of garage to you is illegal

Muncipal corporation can stop use of garage for commercial purposes

4) Garage is meant for parking of vehicles not for commercial purposes

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

even if you are ready to comply with all the formalities then also the municipal authority can cease the garage as the garage is meant for parking the vehicle and not for commercial activities.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. The commercial activities carried out legally by you for years along with others in the same area can not be stopped by the authority unless there is a special development causing environmental or hazards standing against public interest.

2. If the authority so stops the use of your garage commercially, you can file a Writ Petition before the said authority praying for relief and justice.

3. You are required to contact a local lawyer having expertise in the field, should need arises.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

as it is a garage, you have to use the same for parking a car. it may be commercial or otherwise.

if you purchase the garage for commercial purposes stating the same in your deed of conveyance, then there is no authority to stop the same.

admittedly the garage is legal and the co-operative society is permitting you to carry on commercial activity and you have complied with other required formalities for commercial use but it is also correct that it is a garage. so you have to use the same for parking a car which may be commercial or otherwise.

in that event you may apply for a tricks towards co-operative society.

as you told that there is no provision where a car can get in to that garage, you asked to the society for the ingress and egress arrangement so that you can you the space for car parking as one of the member of the society complained of against your commercial use.

you have provision to change the usage of the same to the municipal authority.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Did you receive any notice from the Pune civic authorities?

There is nothing wrong in challenging the action if any initiated by the PMC in this regard your local lawyer can be made to stand on your side and you can fight it out on merits in the court.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Just want to know if there is a provision in the law that the use of garage for commercial activity can be stopped by the authorities if I am ready to comply and do all due processes required for the same.

Also there is no provision where a car can get in to that garage.

Legally speaking the garage should be used for the purposed to which it was bought and not for the commercial purpose, however if this is not disturbing the kids of other relatives.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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