Residential premises cannot be used for commercial purposes
better option is to shift office to avoid legal complications
We are using a fully residential building for selling online(on flipkart) no machinery is involved and no pollution of any kind. It is a parking + 4 floor building and we are using parking space and 3 floors for commercial purpose. And we reside in 1 floor. I want to know if there is any chance we can avoid sealing in this property. Or should we just move from here.
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Residential premises cannot be used for commercial purposes
better option is to shift office to avoid legal complications
Residential complex or property cannot be used for the commercial purpose, for business you need commercial property and for same taxes has to be paid to municipal department.
Shift your office if the department give any notice to seal the property same need to be contested.
Dear Client,
Commercial activity not permitted in residential building and parking is strictly used for same purpose and when residential premises are used for dwelling as well as for business, office purposes so however that the dominant user still remains residential. IN your case, if you using
Commercialization includes sale and purchase of goods. Up to 30 per cent area of a house to be put to commercial use by professionals such as doctors, lawyers and chartered accountants etc.
Restrict the activity in one floor and rest use for residence.
1. Well though there is no restrictions in using the residential premises for commercial purpose of many kinds, to store goods in large quantity the license form local Municiplaity is required.
2. So talk to the local Municipality with regard thereto and once they grant such license you can continue to use the property as you are doing so.
Dear Queriest,
Sir , under the master plan , in Delhi, the commercial activity on residential property said above is illegal.
In case , if any neighbour of yours tip off any agency and the inspector makes an Evidence of the same with a report filed against you, case will be registered and the ceiling shall be done in accordance with the law.
Therefore you are advised to pursue your online sales business through a warehouse in a designated commercial area in Delhi. You are further advised not to use your residential property for any other purpose than residential activities.
You must move from there or take permission from the municipal corporation to use the property for commercial purposes .
regards
Dear sir/maam,
A reasoned notice can be send to the municipal corporation. Consequently, you can file a suit for permanent injunction against the with an ex-parte interim injunction application which can stop the sealing of your property.
hope that solves your query.
you can contact me for consultation, if any.
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
it is legal to use residential property for commercial purpose, provided that, the prior permission of Municipal authorities of that area should be taken and if you are tenant then landlord’s permission is required.
common area or parking area cannot be use for any commercial activity.
f the zoning rules and the housing society management rules allow it, you can use or rent your residential property for commercial activity. However, states have different sets of rules on conversion of residential property to commercial property. Some states allow up to 30 per cent area of a house to be put to commercial use by professionals such as doctors, lawyers and chartered accountants, but others do not.
In case your state allows this, it is necessary to get an approval from the housing society before conversion of residential property to commercial property. Depending on the nature of the business, it may also be necessary to obtain permission from the local municipal authority for the conversion of a flat into a commercial establishment. Once a property is marked as commercial property, it would be treated as a commercial property for all purposes, which includes paying more as property tax..
here are three things that you have to keep in mind before converting a part of your house into an office: