Yes owners have first preference they can't do that.
They can take permission of corporation and do it.
Yes they can go legal
Rights of owner against commercialisation in multi-storey building
I live in three storey building. there are 2 wing left and right. Stairs are in the mid of two wings. Ground floors both flat (left and right side) belongs to one owner. same with first floor,it belongs to same owner. i live on 2nd floor. We have common parking in front of building. Now ground floor owner made his property commercial and the tenant is asking me to move my car in front of his door. As everybody uses the front land for their need such as parking. There are 4 parking slots. One for each owner as per mutual consent. Question. 1. Is there any law for owners who are living in the bldg against this type of commercialisation? 2. Can anybody make his prop without consent of other owners of building? 3. what is my right in this case...can i go for legal action? Kindly help. Thanks, Vivek Kumar
Asked 4 years ago in Civil Law
10 Answers
1. A property within residential premises cannot be converted into commercial property under any circumstances.
2. No. It cannot be done even with the consent of the other flat owners.
3. Yes. You have a very good prima facie case against him. Give a complaint to MCD.
Residential area cannot be put to use for commercial purpose, complaint municipal corporation. Parking area must strictly be use for that purpose only, if anyone opened the door and blocked due to car park. Not your concern.
Dear Client,
Flats or Buildings which are built for residential purpose can not be used commercial purposes. It's illegal. Hence you may complaind if there is any commercial activity in the building that creates hindrances in your peaceful living. All the stairs and parting place are for common purpose and inhabitants of that building.
You need permission from muncipal corporation for converting residential premises into commercial
2) further consent of society is must
3) complain to muncipal corporation against illegal use of flat for commercial purposes
1. Residential premises cannot be used for commercial permission without conversion and permission from authority you can file complaint before the local municipal authority.
2. No such building cannot be converted into commercial use without proper permission and authority.
3.You can make complaint before the legal authority.
In the absence of any alternative entrance or Parking to the second floor, the ground floor occupant cannot deny.
If he is using his residential property for the commercial purpose, and the other people are disturbing by this they can file the case against him in proper court and send him legal notice to stop him to do so in future.
1. First of all commercial activities leaving apart doctor's clinic can't be are banned in residential area.
2 & 3. Yes, he can but not against the map approved if done so then you have right to raise voice to the builder or to the Municipal Corporation of the area.
1. Residential property cannot be converted into commercial area without the permission of the local civic body, any such conversion is illegal, a complaint can be submitted to the authorities concerned.
2. The other owners' consent or NOC is to be obtained.
3. If the common area is encroached and you are deprived of your rights in the common area, you can approach court for relief and remedy.
Yes you can lodge complaint to local authorities if the commercial activities are causing nuisance and parking problem.
No if the property is registered for residential purpose then owner can't convert it for commercial use.
Yes you can take legal action against owner file civil suit for permanent injunction against them for restraining the commercial activities in the building.
