India is great (Service) 30 December 2020

• using residential property for commercial use

Reference is made to a 32 apartments G=11 storied co op Housing Society Residential Building ( under construction) at Kolkata and the housing society is registered under West Bengal co op Housing society ACT. Plat is given by Govt of West Bengal for 99 yrs lease. The society is run by a ( elected team) Board of Directors ( Chairman, secretary, treasurer etc) Though it is under construction BUILDING , but few flats are presently ready for usage, but building is not hander over to the housing society the builder. ( The Housing society is owner of land and a builder is given a work order by Housing society to construct the building at the cost of approx Rs.9 CR for 32 apartments). now one member has sent a mail stating that he will run his Pvt Ltd office from his flat for few months and later it will move to another commercial place. Now question comes: a) Can any member runs his business from under construction residential Building ( his flat) ? b) If permitted, then Is it mandatory for him to take NOC from Builder ( as it may cause security problems for construction work and materials ) ?

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3 Replies

P. Venu (Advocate) 30 December 2020

What type of business - only an office or any processing? Anyhow, it is for the Board of Directors to take the call.

G.L.N. Prasad (Retired employee.) 30 December 2020

It is a building under construction and not completed. It is left to the builder as to whether he can permit such company or not an imposing such conditions in consultation with society. The permission may also be adhoc. Once the builder hands over the building to society with competition certification, then rules may step in. If the society takes a decision not to allow that must be vacated.

Dr J C Vashista (Advocate) 31 December 2020

Originally posted by : victim_27_India
	Reference is made to a 32 apartments G=11 storied co op Housing Society Residential Building ( under construction) at Kolkata and the housing society is registered under West Bengal co op Housing society ACT. Plat is given by Govt of West Bengal for 99 yrs lease. The society is run by a ( elected team) Board of Directors ( Chairman, secretary, treasurer etc) Though it is under construction BUILDING , but few flats are presently ready for usage, but building is not hander over to the housing society the builder. ( The Housing society is owner of land and a builder is given a work order by Housing society to construct the building at the cost of approx Rs.9 CR for 32 apartments). now one member has sent a mail stating that he will run his Pvt Ltd office from his flat for few months and later it will move to another commercial place. Now question comes: a) Can any member runs his business from under construction residential Building ( his flat) ? b) If permitted, then Is it mandatory for him to take NOC from Builder ( as it may cause security problems for construction work and materials ) ?

The building is stated to be still under construction, consequently yet to be handed over to lessee (Managing Committee of the CGHS), any member can not have possession.

No commercial activity can be done/ allowed from a flat constructed and allotted for residential purpose, however, till is not handed over the issue is between builder and business person (may or may not be a member).