• MCD sealing

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.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

Residential premises cannot be used for commercial purposes 

 

better option is to shift office to avoid legal complications 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

I don't think it will involve sealing in the said property

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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. 

Deepankar Kataria
Advocate, Delhi
194 Answers

 You must move from there  or take permission from the municipal corporation to use the property for commercial purposes .

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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

Yuganshu Sharma
Advocate, Delhi
962 Answers
2 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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:

  • Get a shop and establishment licence from the municipal authority concerned. 

  • Before you apply, be clear on the area you would need and the kind of business you plan to carry out. 

  • The civic body would levy commercial charges on the property and water and power supply, depending upon the area, the property size and the nature of business activity.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Dear 

A residential property cannot be used for commercial purpose and even the sale of online products comes under commercial activities. And it can lead to sealing of property.

So you can opt for moving out from here to some commercial area for doing this business.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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