Response

If the zoning rules and the housing society management rules allow it, you can use or rent your residential property for commercial activity. In case your state allows this, it is necessary to get an approval from the housing society before conversion of residential property to commercial property. doctors , lawyers , CA can use 30%of residential premises for consultations. That would not be regarded as using property for commercial purposes . 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. Yes it can be opened in a residential apartment.

2020 Allowing an appeal in Dr. DV Chug v State & Anr, Delhi High Court ruled that the professional establishment of a doctor does not fall within the definition of commercial activity. 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. We do not find that a notice for cancellation of registration is a restriction on the right of a person to practice profession. The UP Awas Evam Vikas Parishad and Chief Medical Officer have not passed any such orders directing the petitioners to stop medical practice. They have only cautioned them to stop using the premises for commercial purposes. If they want to continue to use the diagnostic techniques and surgeries and admit patients, they should shift the place of their business to some other place, where such activity is permitted. 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.

Reference: Case Law:
Dr. DV Chug V. State & Anr, Delhi High Court

Constitution of India
Article 19 (1) (g)

202100155202100437145

LAWAYZ-2023-568