This dose not comes under restricted commercial activity but micro self employment. No complication even she can offer her services to outsiders too.
Question on Commercial usage of flat
Hello Sir, My wife has started a small beauty parlor and also tailoring in one bed room of our own flat. This is only for the residents inside our apartment complex not for our outsiders. No one is disturbed with her service in fact our neighbors and block people are her regular customers. So wanted to check if these two professional services are allowed from portion of our flat ? Our bylaw does not have anything related to it however there is a proposal to ban commercial activities inside our complex. Please advise considering legal rules and court judgements.
Asked 5 years ago in Property Law
Religion: Hindu
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16 Answers
Yes your wife can use the flat for professional services though only around 30 percent of total galt can be used for these services.
You cannot use residential premises for beauty parlour
2) you need prior permission of society to use part of premises for beauty parlour and for tailoring
You have to go thru the bye law of the society. If there is nothing in the bye law to run the commercial activity in the flat, then society cannot obstruct your wife to carry out the beauty parlor..
Only professional services are allowed to be operated from the flat no commercial activity other than the professional service can be operated from plat which is meant for residential purpose the resident welfare Association builder phonetically take some action against you and they will increase the common area maintenance charges for your flat including they can send you notice to close down the activity
If nobody is complaining then there is no issue but as per shop and establishment a premise needs to be registered for one work
Dear Sir,
Such activities are allowed. If you wish I have a set of judgments of different High Courts.
Residential property can not be used for commercial purposes. Some professional services by doctor lawyer or personal coaching are exempted not being purely of commercial nature.
Out of 8 answers 4 lawyers have said starting a beauty parlor and tailoring in side our flat in one bedroom (less than 20% of area) is allowed for residents from our block if does not disturb other residents with permission from association. Other 4 lawyers said these two services are not at all allowed from flat. So I am confused which is correct. Please guide me further with correct information.
Asked 5 years ago
prior permission of society is must
part of premises can be used for tailoring if society has no objections
beauty parlour in residential premises would be commercial usage of flat .
Ignore and carry on your business, no violation of law.
Sir the services are allowed she can carry on the work if there is no nuisance and association has no objection to same.
It's allowed and many people does it.
for commercial activity at your residence, it is very important to be aware of the local zoning laws and Municipal laws of the area where the residence is situated. It is also very important to check the bylaws of the Co-operative society.
This 20% area or some limited area clause varies from state to state. You need to ensure it from local municipal authority. Professional activities are allowed. Some activities are strictly prohibited.
You may have to obtain permission from the society for conducting the commercial activities within the residential complex.
Since the services are not provided to outsiders, you may be able to get the permission easily however you dont apply for licence from the local civic body because it is not permitted.
Different lawyers may be giving different opinions, you may choose the best one and proceed, in case of any problem you can approach local lawyer to solve the problem in this regard.