• Renting residential property to a branded preschool and role of society in Kolkata

Hi,

While searching an answer to this question, two different points got me confused.

i. A residential property can be rented to a preschool if a NOC is obtained from the society.
ii. Since commercial activities cannot be carried out in residential premises, a residential property cannot be rented to a branded preschool.

1. Out of the above two, which one is accurate or takes precedence? With NOC, any residential property can be used for commercial purposes in Kolkata?
2. If I don't live in a residential complex, but in a standalone independent house in Kolkata - who will be the 'society' in my case?

Thanks!
Asked 2 months ago in Property Law
Religion: Hindu

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7 Answers

Since yours is an individual and independent house you are not based on any society hence there is no necessity to obtain permission from society. 

However you may have to obtain permission from local civic body to let out your residential premises for commercial purpose.

If you live in an apartment complex and there exists a society then you may have to obtain NOC from the society besides permission from local civic authority. 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

It can be rented out and noc is also not required as it's an educational institution

 

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

You need society NOC for running a pre school .however it cannot be done in residential areas 

 

2) You will need to obtain a Trade License from BBMP in order to run a pre-school in commercial areas. Zonal areas are classified and therefore running a pre-school in a residential area is liable to attract closure from BBMP.

 

3) in your case there is no society but if your area is classified as residential area pre school cannot be run in your independent house 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

  1. Permission of society is required only if the property is part of any registered society.
  2. For a property which is not a part of society, permission from Municipal Corporation is required. As commercial activity cannot be permitted in residential zone, permission from zoning authority of Certificate  if necessary.

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

1. Kolkata Municipal Corporation earmarks areas falling under its jurisdiction as commercial and non commercial clear;y mentioning the same in Map meant  for this purpose.

 

2. You shall have to take approval from the Corporation for using your house situated in residential area for commercial purpose. In case of residential complex you shall have to take approval from the Society additianny which will be difficult to avail.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

Dear client,  Technically it's not legal. But there are many Preschools that are open inresidential areas. Most city municipalities and planning organizations will keep harassing you for having play school in a residential area. If you can manage the harassment, then you can open it in residential area.

Anik Miu
Advocate, Bangalore
5334 Answers
57 Consultations

4.9 on 5.0

- As per rules of housing society, No commercial use of property in housing society, 

- Other side, A fixed area can be legally used for commercial purpose limited to official use only , i.e. can be used for services by resident advocates, chartered accountants, doctors ,tutorials, dance and yoga classes.

- Further, one can use the bungalow/ flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature, and it should not cause nuisance to other dwellers of the society, but, approvals from the housing society are required.

- Hence, you can take permission from the society for running the said school. 

- Further, if you are living independent house , then the permission of the municipal corporation is required . 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

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