• Can I start preschool in my apartment without an NOC from owners

My sale deed specifically states that nobody should start any kind of teaching/commercial activity in the apartment. When I asked for NOC from the owners, out of 10 about 4 of them have rejected it outright. There is no association formed as such and cannot even do so as the builder has illegally built a penthouse on top floor and sold it to someone. I have to start this play school how can I go about it?
Is renting out apartment an commercial activity?
Asked 9 months ago in Property Law from bangalore, Karnataka
Religion: Hindu
1)since no association has been formed you would need NOC from builder

2) if your sale deed mentions you cannot carry on any teaching activity in apartment you cannot do so .

3) further builder has rejected your request . 

4) There are plenty of well known Franchisers in Bangalore like Shemrock, KidZee etc. The advantages of going with a Franchiser are that they support you in selecting location for playschool, hiring trained staff, developing good curriculum, marketing, purchasing school equipment etc. You also start with a brand name which means parents associate your school with quality. - 

5) f you do not wish to be a franchisee then you can take the help of playschool consultant to advice you on location, curriculum, equipment etc
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Hi 
Renting out an apartment is not a commercial activity.
Pre-school is not an teaching activity or a commercial activity. 
In fact a pre-school is a play school.
For pre-school there are no standards, rules established by the government of karnataka. 
The government doesn't even issue Licenses under Shops and Establishment act for Pre-Schools. 
License under shops and establishment act is a basic license which is issued to your roadside corner tea shop or medical shop. 
But in case of pre-schools the government does not even issue such licenses. 
So the whole concept of licensing a pre-school does not exist. 
When there is no license, then that activity is not a commercial activity at all. 
So when the government has not formulated any rules or procedures for running a pre-school, it means you do not need any permission from government, 
Not sure why are you asking permission from neighbors when the government itself does not regulate.  
Your neighbors are flat owners/ tenants with no special rights. 
Today within the walls of many flats, people are indulging in money lending, start-ups,  professionals render services such as  legal services, medical etc. 
So no worries at all. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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any kind of commercial activity inside a residential apartment complex you will need to take an NOC from the association or from the flat owners, if this is not provided now then later on they will complain to the BBMP and in turn BBMP will issue a notice asking to close down the school.
Also it has become mandatory for any commercial establishment including a pre-school to obtain a Trade license from BBMP, if one has to file an application for the issuance of this license, NOC from neighbours is compulsory. 
Instead hire a commercial building and start it there, completing the formalities becomes easier.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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Hi, if the owner is permitted to run the preschool in your apartment then only you can run the school other wise you can't run the school.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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Without a NOC from all the owners this cannot be commenced in view of the bar prescribed in the sale deed itself. If you violate the clause in the sale deed then any one of the owners can successfully maintain a suit for injunction against you.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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A. Generally, once the land is converted for residential purpose from the agricultural nature that it must be use for the residential purpose as per the Conversion Order. However, it can be uitilized upt 20% for the office use for professional especiall Doctor, Lawyer and Yoga Class.

B. In your case, since the Sale Deed not permitting to run any types of commercial activity that you are barred from the commercial activity. The main objective this clause is every residential should enjoy their premises peacfully, Example: If the 5 or 6 flat owners are stared to run yoga, pre school, tution, Dance class, Music etc., you can presume how the people enjoy their premises peacefully. Therefore, the word Absolute Owner in the Sale Deed means that the purchaser will have absolute right with peaceful enjoyment without obstruction from anyone. 
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
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1) take NOC from builder 

2) obtain permission from BBMP 

3) you can form a trust if you so desire 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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With growing disposable incomes and employment among women, playschools for toddlers are becoming a lucrative business opportunity, especially for young women. Before you startup, you may need to keep a few things in mind about the legal regulations that need to be complied with.
Most playschools tend to be run from residential areas. If that is the case with you, please make sure that your rental agreement permits it. Also make sure that if you live in an apartment, the bye-laws of the apartment association permit you to run a playschool. This is only to avoid problems in the future. Legally, there seems to be no problem with running a playschool in residential premises. It has been decided by Courts in different states that a chartered accountant, yoga teacher and lawyer can carry on their work in residential premises so there is no reason why a playschool cannot be carried on as well, as long as the disturbance to neighbours is minimized.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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 Get permission from the local tehsildar (a no objection certificate),  This is a long and difficult process, and multiple licenses and procedures have to be complied with. For instance, you can get a Fire Safety certificate only after completing the Fire Safety inspections.
Next, you need to make an application to the Directorate of Education in your state, for which you need to show financial capability, create a public trust / charitable institution to run the school with, ensure that the land is in the name of the promoter (you) and maintain a Fixed Deposit in the name of the school as proof of financial strength. After you do this, your school will be recognized by the Government of this State. Starting a school without recognition is inadvisable.
iii. You will need to get affiliated with a certain board, which again requires a lot of procedures to be complied with. Every board (for example, the CBSE) has a detailed list of guidelines to be complied with by every school under that board.
you need to comply with all the State-specific laws.
T Kalaiselvan
Advocate, Vellore
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None of the measures that you have listed will work unless you obtain a NOC from all owners. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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