1) society NOC would be required if you are using residential premises for commercial purposes
2) if you are staying in the said premises you can use part of premises as your Chambers
Commercial conversion of residential premises
I am a doctor and want to purchase my own chambers. I have decided upon a first floor flat in a building which is facing the main road which already has a polyclinic on the ground floor as well as a 5 bedded nursing home on the ground floor.The rest are shops on the ground floor. The title is clear and we have agreed on a price with the seller. I wish to know what sort of clearances may be required from the society members. Some members are against selling the flat . Is there any undertaking that I may have to give while registering the flat on my name to the society. As I recollect doctors , advocates and accountants can operate their consulting from a residential apartment. So how do I go about the whole thing so as to be legally right. Nikhil
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
I forgot to mention that I am purchasing it as a residential premises
Asked 6 years ago
If you are staying in said flat you can use 30 per cent as your clinic
Obtain NOC from society
No need to convert this residential premises into commercial. Being a doctor, you are legally protected to run your clinic from a residential premises.
At anytime the the society objects to this, you'll have a legal recourse against them.
No problem in purchasing this residential premises.
1) doctors , lawyers , CA can use 30%of residential premises for consultations . that would not be regarded as using property for commercial purposes .
2) if more than 30%of flat is used for commercial purposes then they would have to pay commercial water charges , property tax for commercial purposes
3) in your case you are not using the entire house but only portion of the house for clinic , that is permissible thar inform the society.
4) allahabad HC has held All the petitioners are qualified and registered medical practitioners. They have a right to run their private medical clinics for giving professional advice to the patients. A doctor's clinic run in a portion of the residential house, which may either be small and sufficiently big but which may not occupy the entire area with a waiting hall, a dispensary or even a small diagnostic facility may not convert the user of a premise from a residential user to commercial use
1) If you are purchasing as residential premises also than you can practice in your house in society. However society should not be get disturb from it.
2) You can show the law as you know the same. That Doctors, CA and lawyer can practice from home.
Hi,
You may need permission from RWA and municipal authorities for doing so and there is no much hassle in it.
Hi, first you have to get the information from the RWA , that whether the flat can be used for the commercial purposes.. There are chances that RWA, may object the operation of clinic ..If they are satisfied with the commercial activity you can further move ahead with the transaction
if you are just rendering advise then no permission is required, however if you are thinking of putting in some bed then the permission from the society is required in addition to the permission that you will have to take from the labor department
Also then you will have to pay the electricity and water charges at the commercial rate
First you have to get it converted to commercial premises after purchasing it. There is complete procedure you have to follow you will have to approach the property tax department. Self declaration in respect of property. Electricity supply conversion from residential to commercial.
You will have to apply for fire license, environment license, and biodegradable waste disposal certificate from bmc.
Yes there is nothing to worry you can inform the society about the same. They can't legally object you. If they create problems just compliant to Dy Registrar of Co-operative societies.
1)doctors , lawyers , CA can use 30%of residential premises for consultations . that would not be regarded as using property for commercial purposes .
2) if more than 30%of flat is used for commercial purposes then they would have to pay commercial water charges , property tax for commercial purposes
3) allahabad HC has held All the petitioners are qualified and registered medical practitioners. They have a right to run their private medical clinics for giving professional advice to the patients. A doctor's clinic run in a portion of the residential house, which may either be small and sufficiently big but which may not occupy the entire area with a waiting hall, a dispensary or even a small diagnostic facility may not convert the user of a premise from a residential user to commercial user. A non-nuisance professional activity running by doctors, lawyers, consultant, architect, chartered accountant, property consultants, government guides may also fall in the same category. The trouble starts when the doctor or any other consultants uses a substantial part of the building, for the activity including the incidental activities such as x-ray, ultrasonography, pathology, operation theatre and wards in which patients are admitted. These activities together with the consultancy, overreaches the limit of the user for professional use.
The rights given to carry on profession, including medical profession under Article 19 (1) (g) of the Constitution of India, are subject to reasonable restrictions in public interest. Such restrictions can be placed by the law made by the State under Article 19 (6) or may be imposed under an agreement to which the person may subscribe, in the interest of other residents.
I forgot to mention that I am purchasing it as a residential premises
The user of the premises by the professionals for a purpose other than the purpose for which it was allotted or purchased by him is not a restriction on the right to carry on the profession.