• Commercial property in residential building

Hi,

I am living in a flat where some commercial work is going on like getting wooden decorative items and painting then and then shipping. Initially there was not much noise but now there was sound of moving items here and there . I want to complain to concerned team . Please guide me on whom to complain so that they can stop moving and removed from the building.
Asked 3 years ago in Property Law
Religion: Other

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10 Answers

Complain to secretary of society against flat being used for commercial purposes 

 

in residential society flats are to be used for only residential purposes only .no commercial activity can be carried on 

 

also complain to BBMP against commercial activity being done in residential zone 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Complain to  muncipal corporation against residential flat being used to commercial activities 

 

you can also take legal proceedings seek injunction restraining owner of said flat from using flat for commercial purposes 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If there's an association of flat owners you can register your objection in the form of a complaint against the nuisance and disturbances due to the said commercial activities in the residential environment. 

If no action is taken by society then you can proceed with a complaint to the local civic body in this regard for initiating necessary action to stop this nuisance. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

In that case you can issue a legal notice to the neighbor who is causing this disturbance instructing him to refrain from such activities. 

Failing to comply or respond,  you may give a complaint to the local civic body about this commercial activities within residential environment and to take appropriate action against the neighbor.

If that's also not effective then you can file a suit for permanent injunction against him and restrain him legally from carrying out his commercial activities 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Complain to the jurisdictional BBMP Office that the residential building is being used for commercial purposes without obtaining permission from BBMP.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

No commercial activity is allowed in residential area as per zoning rules of municipal  authority. What they are doing is very much commercial activity. As per  Supreme Court  judgment in Delhi Pradesh Citizen Council vs Union Of India (Uoi) And Anr. on 10 August, only those activity that are useful to the residents may be carried out in residential zone. Getting wooden decorative items and painting then and then shipping is not allowed in residential zone.  Make a written complaint to municipal  authority of BMC.

 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You can complaint to police 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Lodge your written complaint with the civic authority, municipality or corporation, under whose jurisdiction your property falls. Say that in a residential area commercial activities are going on which is against the law. Support your complaint with pictures and videos.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

- As per law, no commercial activity allowed in the residential building without the permission of authority, and housing complex.  

- Only 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 with the permission of all the residents of the building.

- Further, one can use the apartment / 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 competent authority are required.

- Further, the owners of such holdings should inform the municipal corporation before converting a residential complex into a commercial outlet. 

- Hence, you can lodge a complaint before the local police, and higher official, and further forwarded the said compliant copy to the Municipal authority as well for a legal action. 

- If, no action, then you should file a complaint under section 133 of IPC before the magistrate for getting direction/and to shut the same permanently.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear client,  I am sorry to hear that but in this case you can 1st go to your society management and register a complaint against the Act. 

Further you can also approach near by police station and register a complaint.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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