Daff Qtqt 24 August 2023

Clinic in residential apartment before society formation

I am staying in a new building where one of the resident has converted his residential flat to a clinic.

Society formation is not yet happened as possession of flats was given few months back.

Builder has neither intimated the flat owners about it and surprisingly BMC has approved it.

This is creating a lot of nuisance in the building as lot of people come and go and they use the same lift as of residents.

Our agreements clearly states the floor in discussion is a residential flat.

The building has also upto 2 floor commercial where lift is seperate but this is different.

Please advise how as flat owners can get rid of this as majority of them are not in approval of this change made.

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3 Replies

Dr. J C Vashista (Advocate ) 24 August 2023

Take up the issue in annual general body meeting and approach concerned Registrar thorugh a local prudent lawyer for issuance of instructions to the owner of clinic to declare it illegal.

Siddhi 24 August 2023

Professionals such as CAs, Doctors, Professors and teachers are allowed to carry on such activities unless it create nuisances. Please check this. It's not harmful.

T. Kalaiselvan, Advocate (Advocate) 24 August 2023

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.