• Legal permission to let out bungalow to Oyo or Airbnb or Saffron stays

I have a bungalow in a gated society for around 240 members in Kasara, Maharashtra. I will like to let out my bungalows to one of the aggregators like Oyo, Airbnb or saffron stays. 

What permissions will I have to take and from which department of the government before I go ahead with them? eg. water permission, electricity meter, registration with gram panchayat, etc.

Which permissions are required for one bungalow?
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

  1. You don't need any permissions as you are just leasing out your property which you are fully entitled to. It's your would be leasees (Oyo etc) who need to seek such permission to carry on their hospitality business on your premises, which they get on lease from you. 
  2. You just need to execute a legally binding lease agreement with them. I'm willing to act as your counsel (advocate) to prepare such an agreement which you as lessor and your leasees  will have to execute. 
  3. You will have to visit me for this purpose. I'm based in Mumbai/ Navi Mumbai just as you are, so it shouldn't be much difficult for you to pay me a visit. . (Nine eight two zero eight nine seven eight eight four.)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1548 Answers
5 Consultations

4.4 on 5.0

1) you need permission from society to give premises on rent to oyo 

 

2)further permission from muncipal corporation or gram panchayat would be required 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

1. Make an Application to all the relevant Service Vendors (Gas, Electricity, Water, Property Tax etc....) that you intend to tentatively use your ownership premises for "commercial use", for so & so period and that you undertake to pay the relevant commercial usage rates for the relevant services.

2. IF the premises is your own Title-Ownership property, THEN there is no permission required from Society /Gram-Panchayat /Police dept. /whosoever ....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The house tax has to be given as you are letting out the bungalow for commercial activity.

House tax woukd be charged accordingly.

Regards 


BMC should be notified in this case.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

India may become next country to impose strict guidelines on room aggregators like Oyo, Airbnb

India could become the next country to impose guidelines on accommodation aggregators such as Airbnb and Oyo to help ensure safety, security and service standards, joining the US, France, Germany, Singapore and others that have already done so.

The ministry of tourism is in discussions on guidelines for accrediting online platforms that have homestay owners and hotels registered with them.

“There is a question of regulating aggregators,” said Suman Billa, joint secretary, ministry of tourism. “An aggregator is anybody with a website and there is a possibility that a couple of companies could spoil the market if trust is broken. We need to accredit aggregators. So we have set up a committee and we are considering setting benchmarks and guidelines at two levels: for owner-partners and aggregators.”

The idea is that certain minimum standards in service, cleanliness and hygiene are met.

“We have a set of guidelines for homestays and bed and breakfast options and states have their own guidelines as well,” Billa said. “Now we are planning to create a single set of uniform guidelines across the country. There could be several service issues. There needs to be a certain level of screening and an element of trust.”

Singapore’s parliament passed a new law in February making it illegal for home owners to rent out entire apartments and rooms for less than six months to aggregators such as Airbnb without permission from the Urban Redevelopment Authority.

Lobby groups such as the Hotel and Restaurant Association of Western India (HRAWI) have been calling for uniformity in regulations and tax structures between hotels and online aggregators.

Some establishments are running full-fledged hotels without adhering to rules and not paying taxes by calling themselves bed and breakfast homestays, HRAWI president Dilip Datwani had said in a release.

“While five-star hotels pay a substantial 38% of the room revenue as direct and indirect taxes, some of the lavish bungalows listed in hotel aggregator sites like Airbnb do not pay a single rupee as taxes.”

Getting permission to start a hotel is a complicated affair, he said. "Over 42 licences are needed to start and operate an organised sector hotel, while the unregulated sector operates without a single licence,” he said. The regulations that the licensed establishments have to follow are vast and cover fire safety measures, food safety measure, hygiene parameters and many other compliances.”

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

See as such for renting/leasing bungalow for residential purpose even for small period no permission as such is required . You can enter into an agreement with OYO or Airbnb and further can obtain NOC for same from the society.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You want to let out your bungalow to Oyo 

 

you would need consent of society and gram panchayat 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7560 Consultations

5.0 on 5.0

See the property would be used for short term rent and residential purpose for same there is no permission as such required. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Guest house house license from tourism department.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

1. In your original question you have clearly stated "I will like to let out my bungalows to one of the aggregators like Oyo.... "

2. Now you say "I will not be leasing the property to Oyo, only hosting it on their website"

3. What is your real question .... For what purposes would you host your on their website ????

 

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

India could become the next country to impose guidelines on accommodation aggregators such as Airbnb and Oyo to help ensure safety, security and service standards,

Oyo and similarly Nestaway are commercial operators and they cannot be operating in a residential apartment without association NOC, due payment of taxes (at commercial rates) and change of electricity meter (again commercial). You can write to BBMP/BESCOM and also engage a lawyer to get a stay on letting it out to Oyo.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

Serviced apartments” are commercial units, fully-furnished, with services such as housekeeping, room service, and concierge. ... The core difference is that the land status of condos is “residential”, whereas the land status of serviced apartments is “commercial”.

Hence the procedures followed to establish a commercial establishment to be followed including permission from the local civic body.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2210 Consultations

5.0 on 5.0

You should inform the BMC about the same and they will charge you accordingly house tax.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

In case of oyo and Airbnb, no permission is needed

You will only be hosting your property on their website and the aggregator will connect you to prospective tourist who wish to take your property on rent for sometime during their stay. The management and control of the property remains with you

I guess Oyo also takes up the property of the owner and puts its signboard on the property and lets it out to prospective tourist. In that case the management of the property would be handed to Oyo. If that's the case then you may have to enter into a lease arrangement with Oyo and liability of taking permission would be on lessee. From your query I understand that you have not opted for this option

In case of saffronstays, the property is taken over by the company and managed by it's own staff. The property is advertised by the company on its website. In that case, again a leasing arrangement has to be entered into and all permits will be obtained by saffronstays. I doubt if they have any option of allowing people to host their property on the company's website. They select particular properties only which meets their criteria and the company itself posts the selected properties on its website and also takes over the caretaking and management. You need to speak to saffronstays how their business actually works. To my mind, it's not same as Oyo. All of the properties saffronstay selects are like mini hotels managed by the company itself. 

 

Yusuf Rampurawala
Advocate, Mumbai
7523 Answers
79 Consultations

5.0 on 5.0

permission from society and local authority  required.

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. You need approval from society to let your bunglow to online aggregators as it will be a commercial activity.

2. You don't need permission from govt just need to get GST Number before letting your bunglow to OYO or other site like this. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Generally you should inform society and take appropriate change of use from corporation. Then you can do it

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer