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How to convert residential property to commercial

(Querist) 08 January 2017 This query is : Resolved 
My house is situated in Mumbai and it is the bungalow.

I am the sole owner of the property.

The taxes to the government is paid by me.



I would like to convert my ground floor to Commercial as I would like to give my ground floor on rent for the use of restaurant.

I have already received the eating house licence from the bmc however my property still belongs to residential category.

How to know if I am eligible to let out my property for commercial usage?



how to convert my residential property to commercial?

is it possible if my house comes under the R1 zone to convert to commercial?

What is the procedure to do so?

is it advisable to give the place directly on rental to a restaurant without converting to commercial or getting the approved plan, or can this harm me?

I pay commercial property tax.
I pay commercial electric bill.
I pay commercial water bill.

I just don't have the approved planned for restaurant.

Sumeet Ganguly (Querist) 08 January 2017
I pay commercial property tax.
I pay commercial electric bill.
I pay commercial water bill.

I just don't have the approved planned for restaurant.
adv.bharat @ PUNE (Expert) 08 January 2017
You can take permission from the BMC for running restaurant in residential area.

H.M.Patnaik (Expert) 08 January 2017
You have to approach the planning authority in the local municipal corporation for necessary permission in this regard.
Rajendra K Goyal (Expert) 08 January 2017
Apply to Municipal corporation, visit and get get the documents to be submitted.
Ms.Usha Kapoor (Expert) 09 January 2017
Agree with RK.Goyal.
Ms.Usha Kapoor (Expert) 09 January 2017
Agree with RK.Goy
Sumeet Ganguly (Querist) 09 January 2017
What are the lisf of documents required by the building and proposal dept?

If few of the documents are missing, how to acquire eg plot plan etc from the dept? Which dept specifically in BMC?

Is it risky to open a restaurant without approved plan?
What are the consequences?
Rajendra K Goyal (Expert) 09 January 2017
You can take help of local lawyer to proceed. Some document depend on local practice.

You can get from planning department of Municipality.

If opened without proper authority it can be closed by orders from proper authority.
Sumeet Ganguly (Querist) 09 January 2017
My last and final doubt thank you everyone for answering and this has really help me focus on what I need to do next. My last query is however what if the Bangalow has constructed some areas within the compound space or say the balcony area of the plot has been converted into a bedroom or another part of the terrace, say that I have made a structural or extension changes by adding roof to open balcony area which let's say was not a part of the original plan when the property was bought, I want to bring to your notice again that this property is single owner owned property & that it is not a Housing Society... are these development or construction in the house to be taken as illegal construction in the eyes of the government or law... will this result in some kind of penalty? should I be scared about this topic before approaching the Bmc? Can this invite problem in order to get my place commercialized which can result in demolition of my property?
please advise as I'm a little scared to approach the Bmc thinking that I might just alert them on something which might become a big problem for me.

Please advice.
Rajendra K Goyal (Expert) 09 January 2017
You are applying for converting residential property to commercial site. Permitting authority may or may not consider these factors while extending permission.

Remove if any objection of any kind is raised (generally raised on one pretext or other) during the process.
H.M.Patnaik (Expert) 09 January 2017
Generally, Municipal corporation maintains a panel of approved architects.Pl. find out the list & address from BMC website and approach one of them for such consultation and due process to be adopted.
Sumeet Ganguly (Querist) 10 January 2017
Thank you so much for your lovely reply I did search online to find out if there were cases related to change of useer, where restaurants have been shut down due to this factor but I was unable to find any case floating online,however I will go ahead and meet one of the Architect and listed in the municipal corporation and seek advise thank you so much for everything meanwhile if you know or have any knowledge about any case where a place did shut down because of change of user issue please let me have the link here.

Thank you.
Sumeet Ganguly (Querist) 11 January 2017
Have there been shut down of any place due to "change of user" or party not having "approved plan"?

I searched online, couldn't find any case online where a place had to shut down due to the above reason.
Sumeet Ganguly (Querist) 11 January 2017
Have there been shut down of any place due to "change of user" or party not having "approved plan"?

I searched online, couldn't find any case online where a place had to shut down due to the above reason.
Dr J C Vashista (Expert) 14 January 2017
Is there any legal dispute involved in the question? However, I could not notice any issue involving opinion and advise of LEGAL EXPERTS on this platform.

For commercial query the author has to consult a local lawyer.
Rajendra K Goyal (Expert) 14 January 2017
A few years ago in Delhi a large no. of residential properties which were being used as commercial were sealed as per court directives.
Adv. Yogen Kakade (Expert) 14 March 2017
I agree with the experts.


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