You should consult a local architect
2) if you want to convert building from residential to hospital use then you need sufficient parking slots for doctors and visitors
3) you may be refused permission by the authorities
Parking relaxation and change of use
Hello i have a building built in 2005, it has shops a hospital and residence i got parking relaxation, premium paid then, because 1/3rd of my plot was going in the road widening. now i want to apply for change of use of my residence to hospital use. after 2020 the new dc rules do not provide for parking relaxation there is no new construction proposed. could the authorities refuse me permission for change of use on the grounds of new parking rules ? doesn't the given relaxation still valid as there is no additional construction ? thanks umesh
Asked 3 months ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
6 Answers
Dear Client,
The parking relaxation you received at the time of the original construction in 2005, given due to road widening, was approved based on the rules and circumstances prevailing at that time. This relaxation was likely granted under the specific conditions mentioned in your building's original approval. Since you are not proposing any new construction and are only seeking a change of use (from residence to hospital use), the original parking relaxation should generally remain valid. There are not so many grounds to refuse as there id no additional construction is involved, Though the authorities might consider public interest involved in such change of use. Engage a legal attorney specializing in property matters id needed. Should you require any further clarification, please do not hesitate to contact us.
It appears that you are converting your residential house to a commercial establishment/hospital.
In this situation you need extra parking space to accommodate the vehicles of patients and doctors.
The earlier parking relaxation was granted/approved to you on the basis of one residential accommodation, but now claiming the same relaxation for the commercial establishment may not be considered by the authorities concerned,
However you discuss with your civil engineer about this and proceed as suggested
Once relaxation granted by statutory authority, it cannot be taken back. As 1/3 of your plot will be acquired for road widening by Corporation, you will certainly get relaxation within the Rules.
- Since, you got parking relaxation by the competent authority at the time of running hospital with the residence , then you can use the same even the residential portion will be converted into the commercial purposes.
if the noc is denied then you can always apply to the Municipal Commissioner to extend the parking relaxation as there is no new construction and despite there being a change of user
i dont remember the exact regulation number but there is such a provision to apply to the Commissioner in case of special hardship, in the DCPR 2034
