Query of Manjunath Shetty

My name is Manjunath R Shetty and I am a Businessman by Profession. My wife Dr.(Mrs) Suchita M Shetty is a Dentist by Profession. We had brought a Co-Owned Ground Floor, One BHK Residential flat admeasuring 430 sq.ft. at 4 Bungalows , Andheri (W) , Mumbai , in April 2010 , intending to open a Dental Clinic .

Sir

(1) Is it mandatory to take an NOC from the society to start a Dental Clinic

(2) Do we require to take permission for a separate entrance, which can be arranged due to Ground Floor

(3) Can we build a co-owned Dental Clinic and lease it to some other Dentist

(4) BMC permission for a Dental Clinic can be hopefully arranged

(5) Will it be considered as change of user

Please revert back at the earliest your valuable suggestions with preferably latest notifications, if any.

I C Naik

1. It is mandatory to take prior permission of the society to start a dental clinic in a residential flat as it is a user change. Every purchaser of a flat as also a transferee of a flat gives an undertaking in these words:  “I undertake to use the flat, proposed to be transferred to me for the purpose, mentioned in the letter that will be issued to me by the said society, under bye-law No.78(a) of the bye-laws of the said society and that no change of the user of the said flat will be made by me without the prior approval of the society in writing. The undertaking to that effect in the prescribed form is enclosed herewith.”

 (The Form No 2 is an Undertaking to be furnished by the Prospective Member to use the flat for the purpose for which it is purchased. )  it reads under:

[ I “Hereby give the undertaking that I*We will use the flat allotted to me*us*proposed to be acquired by me*us on cessation of membership of the earlier member under the bye-laws of the society for the purpose mentioned in the letter which will be issued under bye-law No. 78(a) of the bye-laws of the society proposed*registered.

         I*We further give the undertaking that no change of user will be made by me* us without the previous permission in writing of the Committee of the society.]

As regards entrance to be created, it is an alteration requiring prior permission of the society as provided under Bye-law No. 49 reading”

(a) No member shall, without the previous permission of the Committee in writing, make any additions to or alterations in his flat.

(b) The member, desirous of making any additions to or alterations in his flat, shall make an application t the Secretary of the society, giving all the required particulars.

If creating an entrance involves any alteration to common area outside the flat i.e. in common areas the Committee may find it nearly impossible to allow such alteration in view of the following bye-law No. 169 “The society shall not let out or give on leave and licence basis or permit any subletting, giving on leave and licence basis any open space available under the stair-cases or any other part of the property of the society to any person whether the member of the society or not, for any purpose whatsoever.”

If BMC does not permit such user change and or alteration the society will not be able to help you.

 I hope this answers all your questions.