You will have to enter into agreement for commercial purposes

2)builder would not grant permission

3) you need NOC from builder

4) you have to pay taxes at commercial rates for your flat

1. Residential

2. Running a pathological collection center is not a commercial use.

3. The objection of your neighbours would be baseless. Legally, there's no trouble in operating this centre from your residential premises.

4. No.

Hello sir, the question whether your premises can be used for commercial or residential purpose depends upon the Norms of HUDA.. if your premises is in the builder society , then you can confirm from the RWA office about the commercial activity .. For drafting of legal commercial lease deed you can contact me in person at my office in Gurgaon ... Thank you ..

Hi,

There will problem in letting out property for the purpose of collection centre and if the society rules do not permit you can not let out it for commercial purpose.

The society members may impose penalty for letting out property has a commercial property and they can stop the activity in the premise

1) yes your property is non commercial purpose, is to use for residential purpose.

2) Only Professional Executive can practice in residential area like Lawyers, CA., CS etc.

3) Builder has to take permission when he built buildings on what ground residential or commercial accordingly that Municipal Corporation charges FSI fees or tax to builder and give permission for what purpose he had applied for, so your builder has taken permission of Residential.

Residential property can use only for residential purpose. Run a pathological lab is a commercial establishment. To run a commercial establishment need a license from local GOVERNMENT AUTHORITY. If so you have to pay taxes at commercial rates .

In such case, in the lease agreement it could be mentioned that the use of the property is for commercial purposes and not residential .

NOC is need for run the LAB from neighbors.

Dear Sir,

My answers are as follows:

Will i hv to do residential or commercial lease agreement?

Ans: If it is okay you need out go for commercial lease which may turn your premises as commercial building for all other purposes permanently and you have to pay more taxes.

Will my builder allow me to do so since in my sale deed agreement it is mentioned that i can not use this property for commercial purpose?

Ans: Then it cannot be used for commercial purpose and this issue may be raised by neighbors at a later stage.

What if my neighbours object to this activity.

Ans: Today they may keep silence but they have a right to raise their voice in future.

Will i be liable for any penalty or additional taxes for this kind of use.

Ans: Yes, Definitely.

1. it will be a commercial lease agreement.

2. Then the builder will not allow you to do so, if the same is mentioned on the agreement.

3. Neighbors will definitely object and in that case you will not be allowed to do the same.

4. Yes, the municipal corporation can levy commercial taxes and also the builder can levy penalty with a notice for you to not do the same.

regards

Generally in residential property commercial establishments can't be run. But nowadays many places commercial establishments are run at residential complex you need to have shop and establishment licence for the same. If your DC rules permit the same then you can't apply with municipal corporation for change of user from residential to non residential use and after taking requisite permissions you can proceed with the same.

1. IT would be illegal and prosecutable by the local Civic Authorities and the Law enforcement authorities to use a Residential Property for Commercial usage.

2. You can apply for "change of usage" and subsequent to getting permission, you can conduct the commercial activities, without any further reference to anybody.

Keep Smiling .... Hemant Agarwal

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While full commercial usage of residential apartment is often opposed by the housing societies, however a fixed area can be legally used for this purpose. This area, however, differs from state to state and can even vary within the city.

There is no specific provision for conversion of the use of flat from residential to commercial. One can use the flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature. In addition, it should not cause nuisance to other dwellers of the society.”

However, necessary approvals from the housing society are required. “It may also be necessary to obtain permission from the local municipal authorities for conversion of the flat into a commercial establishment depending on the nature of the business,