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Shambasiv (n/a)     24 April 2009

Whether residential flat can be used for commercial purposes

How to deal with Apartment Owners who use their residential flats for Commercial purposes ?
This is in Chennai . Apartments have been purchased in our Residential Complex , and the owners themselves are running full-fledged businesses/offices there . To whom does one complain ? Are there any ways in which an Owners' Association can forbid such use ?


 10 Replies

Adv.Husain (Advocate)     24 April 2009

flats can be used for commercial pirpose..but if its creating nusance for the resident in any way then you can file a police complaint restraining that person from doing that business.


sanjay singh thakur (advocate)     24 April 2009

Dear Shambasiv

I partly agree with Mr. Hussain. However, after complain before the proper Municipal Authority governing the same your complain can be redressed and the Office will have to be shifted to some where else.

Swami Sadashiva Brahmendra Sar (Nil)     25 April 2009

residential flat can not be used for comercial acrivities. pls complain to municipal authoriyies and developement authority or the allotting authority . there may be a provision for cancellation of allotment , in the housing scheme or conditions of allotment .

Adv.Husain (Advocate)     27 April 2009

so i have a new question popping out..can a lawyer use his own house for official use for meeting clients and giving advice....?


i think ...yes.


and proffessional activity is commercial activity coz it include transaction of money.

thats the reason i said yes residential's vcan be used for commercial activity but if ne nuisance is created thr on thr cn be complaint made to municipal authority or even to police

Swami Sadashiva Brahmendra Sar (Nil)     27 April 2009

there is diference between professional and comercial activities. there is diference between lawyer's office and shops or other businesses.

Adv.Husain (Advocate)     27 April 2009

sorry ....but with due respect to ur seniority....sir

i think u are wrong proffessional activitie's are commercial activity coz it cum's under service industry.!


DEVENDRA (LAWYER)     03 May 2009

Lawyers' office is not commercial activity. Under Shop Act, lawyers' office is excluded.

Residential flats can be used for commercial purposes. But this use can't be more that 50 percent area.

There is citation.

DEVENDRA (LAWYER)     03 May 2009

2007 CTJ 292 ( Bombay H.C. )

WP No. 3161/2004 decided on 27 april 2007

Adv.Husain (Advocate)     03 May 2009

by that i ment any professional activity..! not only lawyers office.

beautician, consultancy, doctor, nd so on..!

Benhur Xavier (CSA)     14 June 2012

i was planning to buy a house. nw i have an office and i was thinkin if i use the room for my self can i use the rest of the house as an office??? or can i use the whole house as an office. 

my office is a CHA (Custom House Agent) office there are about 7 people working and 3 of these people mostly work outside, working hours are from 10am to 6pm so there wont be any kind of inconvience to any of the residents.

please reply as soon as possible. 

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