We are a small Mumbai housing society with 23 members. We are a new committee elected. We have certain flats which are used as commercial flats. Eg. One is running a real Estate agency , one is running a short term lodging service , one has submitted to a beauty salon and one is running a selling and buying of used cars business and this person is also encroached society compound to park and sell those cars , right from our compound which is a common amenity for all members and cannot be used for any commercial purposes. Now since we the new committee has brought out in the open about these issues that they are using residential flat as commercial without Change Of User in BMC , they are targetting us on personal level and making false allegations on us. They have even complained to Deputy Registrar that we have wrongly not been transparent about the ongoing redevelopment process of the building and that they want to dilute this committee . We have recieved a formal notice from deputy registrar saying that they have appointed an auditor who will come to check the working files of the society. What should we do now ? Can we take legal action on all these flats who are actually doing illegal commercial work in residential flats ? Encroachment? Use of society compound for personal business purpose ?

Dear Suman Chs 
 

The following professions are generally recognised as being capable of being carried on from a residential flat, subject to municipal regulations, Development Control Regulations, society bye-laws, and the condition that they do not create nuisance, excessive visitor traffic, or safety issues. The Model Bye-laws themselves define a "flat" broadly enough to include several such uses.
 
Professions/Activities generally allowed (subject to conditions)
  • Doctor's consulting room / clinic (OPD only).
  • Dentist's clinic.
  • Advocate's office.
  • Chartered Accountant's office.
  • Company Secretary's office.
  • Cost Accountant's office.
  • Architect's office.
  • Structural Engineer's office.
  • Civil Engineer's office.
  • Interior Designer's office.
  • Tax Consultant / GST Consultant.
  • Financial Consultant.
  • Insurance Consultant.
  • Investment Adviser.
  • Software Professional / IT Consultant (work from home).
  • Management Consultant.
  • Education Consultant.
  • Tutor / Coaching Classes (subject to municipal rules and nuisance control).
  • Music Teacher.
  • Dance Teacher (small scale).
  • Yoga Instructor.
  • Beauty Parlour / Beauty Salon (small home-based).
  • Tailoring / Boutique (small scale).
  • Fashion Designer.
  • Artist / Painter's Studio.
  • Sculptor's Studio.
  • Writer / Author.
  • Journalist.
  • Translator.
  • Psychologist / Counsellor.
  • Dietician / Nutritionist.
  • Speech Therapist.
  • Physiotherapist.
  • Occupational Therapist.
  • Child Counselling Centre (small scale).
  • Online business without storage or customer traffic.
  • Freelance professional office.
  • Freelance Graphic Designer.
  • Freelance Photographer (office work only).
Activities generally not permitted in a residential co-operative housing society
  • Car dealership.
  • Motor garage or repair workshop.
  • Automobile servicing.
  • Hotel, lodge or commercial guest house.
  • Restaurant or large commercial kitchen.
  • Bar or liquor business.
  • Godown or warehouse.
  • Manufacturing unit.
  • Printing press.
  • Heavy coaching institute with large student batches.
  • Commercial office with multiple employees and continuous public footfall.
  • Stockyard for goods.
  • Parking vehicles for sale in society premises.
General conditions even where a profession is permissible:
The flat should remain predominantly residential.
  • There should be no nuisance, excessive noise, obstruction, or security concerns.
  • Common areas and parking cannot be used for business.
  • Municipal permissions or trade licences, where required, must be obtained..
  • Fire safety, zoning, and building regulations must be complied with.
As far as your case is concerned.
Real Estate Agency:
Limited home-office work may be permissible. Running a commercial brokerage office with staff, frequent visitors or signage is generally objectionable.
 
Lodging Service:
Commercial guest house/short-term lodging operations are generally not appropriate in residential societies and may require statutory permissions.
 
Beauty Salon:
A small home-based parlour without nuisance may be acceptable; a full commercial salon may attract action.
 
Buying and Selling Cars:
Operating a car dealership from a residential flat is generally not permissible.
 
Parking Cars for Sale:
Society parking cannot be used as a showroom or stockyard for vehicles offered for sale.
 
Authorities one can approach:
- General Body
- Deputy Registrar
- Municipal Corporation
- Police/Traffic Police where applicable

 

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