Yes it better to inform the society in good failth
I am hindu. My bother has a 3 bedroom freehold vacant ground floor flat in Delhi with 2 independent gates to flat within society. It is a gated co operative group housing society. With my brother's consent & support, I intend to use 50 percent ( 2 rooms) of the flat . One room to start coaching classes (school level & digital marketing courses) and another as my professional office for my academic company. According to my reading ( correct me if I am wrong) Master plans MPD 2021 of Delhi I can impart professional services (marketing & related training) as a management professional (I am MBA & net qualified assistant professor & registered with Delhi management association). I also intend to live in remaining flat. None of my student will park any vehicle in society or use staircase ( as it is ground floor). Now my apprehension is can society object to my coaching classes or professional office legally. And how can I legally go about safeguarding my objective of using flat for intended purpose. Should I inform or seek permission from society management before starting the project. Kindly guide in detail. Thanks & Regards.
1) prior permission of society is must
2) in residential area society can refuse to grant permission to use residential premises for office purposes
1. Professional service by giving one's individual service for the purpose of imparting education is not barred in a residential society.
2. However before starting the same you must obtain a trade license from the local Municipality to run the training center.
3. There is no need for prior permission from society unless the bye laws of the society says so.
Sir,
Normally residential flats shouldn't be used for commercial purposes legally.
Coaching also comes under the category
No. A residential area cannot be used as a commercial one. At best, you can impart tutions, while residing there as a place of residence... But you cannot start full fledged coaching classes as such
Dear Sir,
- Incase Society is registered RWA, it is advisable to take prior permission as RWA is authorized to take decision in welfare of Society as per its Bye-law in favor of residents.
- Only the Non-nuisance Professional Consultancy Services are allowed at present in Delhi, Hence you can run independently however for professional coaching center you shall required trade license from MCD. Hence pay a visit to nearby MCD office.
Regards
Vivek Arya
Please check the society by largest before taking any decision as coaching classes of the commercial activity and it is not allowed in Group Housing Society the movement of students will create problem and there will be a security risk as well
See NOC from society is required before using the premises that would be better and further 25 percent area of flat or house residential premises can be used to impart the professional services.
Dear Sir,
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. ... However, necessary approvals from the housing society are required
when you want to run a coaching/training institute from your apartment/residential society and if the society does not have any issue in you doing so, you can carry on your business of coaching/training institute after taking a No Objection Certificate from the residents of the society.
Masterplan MPD 2021 is fully operational or not for group housing CGHS residential flats in Delhi. If not then which laws govern the commercial, professional & residential usage of CGHS flats in Delhi. Also tell if CGHS societies have different by laws for different apartments in Delhi. Kindly those lawyers who are familiar with the subject & Delhi masterplan & CGHS bylaws, answer the questions.
You can use it. Informing society is a formality for security purpose. Society can't object you for the same. You need to have all the permissions /qualifications if any required to run the said coaching class.
MASTER PLAN PERMITS CERTAIN PROFESSIONAL ACTIVITIES IN RESIDENTIAL PREMISES
31. Clause 15.8 of the MPD 2021, permits professional activities from residences upon certain conditions. Clause 15.8 of the MPD 2021 is reproduced hereinbelow:-
"15.8 PROFESSIONAL ACTIVITY Subject to the general terms and conditions specified in para 15.4, professional activity is permissible in plotted development and group housing under the following specific conditions:
i. Professional activities shall mean those activities involving services based on professional skills namely Doctor, Lawyer, Architect, and Chartered Accountant, Company secretary, Cost and Works Accountant, Engineer, Town Planner, Media professionals and Documentary Film maker [and Management Professionals.*] ii. In group housing, and plotted development with multiple dwelling units, professional activity shall be permitted on any floor subject to maximum of 50% of the permissible or sanctioned FAR, whichever is less, of each dwelling unit.
iii. In the case of plotted development with single dwelling unit, professional activity shall be permissible on any one floor only, but restricted to less than 50% of the permissible orsanctioned FAR whichever is less on that plot.
The Supreme Court on Tuesday said coaching centers in residential areas were a nuisance to women and the elderly and must shift out to commercial premises or institutional areas.
The Delhi Masterplan MPD 2021 has nothing to do with this coaching centre.
It will be considered as a commercial activity hence permission may not be granted citing the supreme court decision on this.
However you may approach the association seeking permission, let them say whatever about it, you may look for legal solutions after that.