• Prevent PG creation

Hi all, 

I live with my family in a residential colony in Delhi. We live on the ground floor which we own. The first and the second floor are owned by another person who is moving out with his family and trying to build a PG accommodation out of the 2 floors that he owns.

It is a 350 sq guz (yard) place in which he plans to house 8-10 tenants but make use of wooden dividers and walls. Not to mention the construction alone is causing a lot of noise for my family living below. The house is also quite old, 1990 built so not sure how much it can take.

We prefer if an individual owner/family stays above us as we will also lose our privacy with so many random people moving in and out all the time if it becomes a PG. It's also a security concern.

Upon complaining to the colony president, he has asked us to write a letter and get it signed by other people but I'm not sure many people would sign it as it they might be scared to upset the guy who owns the above 2 floors.

Are we legally in any position to stop this construction or prevent it from operating like a PG?
Asked 11 months ago in Property Law
Religion: Sikh

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7 Answers

Dear client,  

The specific legalities and regulations regarding your situation may vary depending on the laws in your jurisdiction, so it's important to consult with a local legal professional for accurate advice. However, I can offer some general suggestions that might be helpful.

Check local building codes and regulations: Research the local building codes and regulations that govern residential properties in your area. Look for any restrictions or guidelines related to the conversion of residential properties into PG accommodations. This information can provide you with an understanding of whether the owner's plans comply with the regulations.

Review the property's deed and zoning regulations: Examine the property's deed and any applicable zoning regulations. These documents may outline the permitted uses of the property and any restrictions that may apply. It is possible that converting the property into a PG accommodation might violate these rules.

Consult a lawyer: Seek advice from a lawyer who specializes in property and real estate law. They will be able to review your specific situation, including any relevant local laws and regulations, and provide you with appropriate guidance.

Discuss concerns with the owner: It may be helpful to have a conversation with the owner about your concerns. Explain your worries regarding the noise, security, and loss of privacy that may arise from converting the property into a PG accommodation. See if you can reach a mutual understanding or come up with alternative solutions that could address your concerns.

Gather support from neighbors: While you mentioned that some neighbors might be hesitant to sign a letter of complaint, it may still be worth trying to gather support. Speak with your neighbors and explain your concerns. If they share similar worries, they might be willing to sign the letter or offer their support in other ways.

Engage with the colony's governing body: If the colony president has asked you to write a letter, it indicates that they are open to addressing the issue. Follow the president's instructions and draft a formal letter outlining your concerns. Submit the letter along with any supporting evidence, such as photographs or recordings of the noise disturbances, if available.

Remember that this advice is general in nature, and it's crucial to consult with a legal professional who can provide guidance based on the specific laws and regulations in your jurisdiction.

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

For running PG several licenses and permissions are required so if PG is run without license snd permissions then the same is illegal. Further, running PG is a commercial activity and as per law such activities cannot be carried in residential area. You have legal rights to stop such activities. Other remedies could be suggested after examining the details. 

Siddharth Srivastava
Advocate, Delhi
1241 Answers

5.0 on 5.0

File suit seek injunction restraining flat owner from giving residential premises for PG 

 

2) if your neighbor want to start his  paying guest in Maharashtra then he has to get paying guest license from Municipal corporation 

Ajay Sethi
Advocate, Mumbai
94702 Answers
7528 Consultations

5.0 on 5.0

  1. As per the information mentioned in the above query, specifically shows that the conduct of the person is not legal as per law.
  2. You don’t have to be get a paper signed by anyone else apart from yourself as you being the sufferer only, not others.
  3. There has been a way of stopping such nuisance in civil as well as criminal law as your basic fundamental rights have been infringed by him that guaranteed by the Constitution of India for your peaceful living.
  4. You need to approach the court of law for restraining him to start a PG in residential floors taking it as commercial for his own benefit.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You have not confirmed that the neighbor has commenced his proposed PG conversion construction in the building.

Thus without the neighbor doing anything as you imagine, you cannot take any legal action in the name of stopping him from proceeding.

If at all the neighbor is starting the process to convert the residential property to PG then you can take legal action by making a complaint with the municipality or the deputy registrar of cooperative societies or by filing a suit for permanent injunction for the reasons you rely upon which will include the structural assessment report by an engineer determining structure's structural condition by analyzing and evaluating foundation, framing, other construction systems, and their associated construction details 

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

You can only stop it if the same is illegal otherwise no. You can complain to the corporation or approach court in said matter 

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 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, , he cannot run a PG accommodation in the residential flat , as it will considered as commercial activity. 

- You can lodge a compliant before the municipal corporation , if the colony president not given attention.

- Further, you with other owners can file a suit before the court, for restraining him from doing any construction work and running the PG therein. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

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