Is running a ladies boutique legal in a group housing society flat

798 votes

This question has always been of a great concern. People usually want to use their properties for commercial purposes because it saves time and money. Moreover, running a business in a commercial building would cost them heavy rents, taxes and electricity charges. Legal experts say that professionals like Doctors, Lawyers and Chartered Accountants among others can use residential properties for commercial purposes. Also, yoga, dance, music and other classes can be taken up. Yes, it is legal to use residential property for commercial purpose, provided that, the prior permission of Municipal authorities of that area should be taken and if the professional is a tenant then landlord’s permission is required. Any activity relating to the purchase and sale of goods is called a commercial activity. The work done by professionals involves element of service and is not a commercial activity. Hence, it is not illegal.However here your business would be of not into exclusive service but sales of garments which would bring in sale and purchase of goods. So it is advisable to get prior permission from DDA and your Residents Welfare Association. DDA plays a very important role in deciding whether the residents can carry out professions in their basements. If DDA has permitted the builder or society to use the basement for professional purposes, only then such activities can be carried out, if DDA has not permitted, then no such activity can be carried out. The DDA has a right to lodge prosecution for change of user if found that activities are carried out without its permission. With regard to all the provisions to be followed and permissions to be obtained from various competent authorities in order to carry out professional activities in residential areas, it is to be understood that, in all cases whether it is Delhi, Noida or Gurgaon, the services rendered by Lawyers, Doctors, Chartered Accountants and Architects to name a few, have remained unaffected when it comes to usage of basement for commercial activities. These services as discussed earlier do not fall within the ambit of commercial activities as they are service activities and do not involve sale and purchase of goods. However, for all other kinds of commercial activities as per the prevalent building laws or bye- laws, municipality laws; specific permissions are required to be obtained before taking up a commercial activity in a residential basement. Good luck.

Advocate S. Sethu Mahendran LawRato

996 votes

You wont be able to run a botique in a residential society as it is commercial activity. Further you wont get permission from the society itself..you may be willing to give services to the other ladies but running a commercial activity in a residential society not permitted. have you been professional like lawyer, architect ca... others you could have been permitted but not a shop...

Advocate Ashutosh Dubey LawRato

658 votes

Yes, it is legal to use residential property for running a ladies boutique, provided that, the prior permission of Municipal authorities of that area should be taken and if the professional is a tenant then landlord’s permission is required. Since you are a professional designer, running a boutique would not be illegal as you are providing service. However, make sure that the tailors or workers your boutique should not create any kind of nuisance for the residents of the society.

Advocate Manisha Ambwani LawRato