Can offices be run out of residential

3472 reads

There are clear cut zonal uses demarcated by law in Bangalore. These are defined in the C.D.P. (Comprehensive Development Plan). This plan does not cover the areas within the Corporation. Therefore the areas within the Corporation, sometimes change in zonal use. This normally happens when a certain road is put to commercial use by the people. If the majority use a residential road for commercial purpose, then at some point the road is ‘declared' as commercial and the Corporation starts sanctioning new plans in that area for commercial use. Therefore what starts off as illegal, becomes legal when the majority of the people start using the properties for a certain use.


However till such time as the law follows custom and usage, the neighbours of the property which is being put to commercial use (from residential) can complain of unathorised use to the authorities and seek eviction. So a thin line has to be trodden till an area is declared as commercial. If an office is made out of a residential house, there is normally nuisance in terms of parking on the roads and frequency in the number of people visiting such offices, thereby reducing the tranquility of the neighbourhood. However many owners prefer to make good use of the enhanced value and reap the benefits.


Some property owners seek to get a ‘change of land use' certificate from BDA and then put the property to commercial use. This is a good procedure to follow even if the road is ‘declared' to be commercial. The paper work is clear and normally it will be easier to give it out on rent to MNC's.  This entails a public notice to be issued by BDA prior to granting permission to change the land use. In practice, this notice is issued in a newspaper without much circulation and neighbour's objections, though taken on record, does not hamper the grant of permission. The change in land use certificate may take upto 4 months to get. It will cost around 2 lakhs.


In areas other than Corporation Areas, (like BDA, CMC, etc.,) this change of land use is not so frequent. In areas with Village Panchayat jurisdiction, any commercial building can be sanctioned. Although the overall use in the CDP has to be followed, in practice, there are many deviations.


Another aspect which confuses the picture is demolition of buildings. This is a separate issue, and has been taken up recently by the authorities on buildings constructed with a greater F.A.R. than allowed. This is done for all buildings, whether it is residential or commercial.


The Comprehensive Development Plan has been recently changed but has not been enforced. It will be effective till 2015. It does provide for mixed uses in all localities and for the free flow of rain water in low lying areas. Criticism of the CDP is being heard also from some quarters. In my opinion a regulated growth plan of Bangalore is essential and the CDP is a good tool in that direction. It could however include some provisions for periodic revision and flexibility. 


Vatsala S. Dhananjaya M.A. LLB. Advocate (Transfer of Property/ Estate Law) Ask More questions. Go to and in the "Forum Search Box" search for "Office Space"




Issue BG62 May06


adamgrant's picture

Most Personality Quizzes Are Junk Science. I Found One That Isn’t.

Most Personality Quizzes Are Junk Science. I Found One That Isn't."The MBTI is astrology for nerds." Say it with me again: personality types are a myth, traits are on a continuum, and the major dimensions include extravert-introvert, agreeable-
changethis's picture

What If Sellers Behaved as Leaders?

“It is time we start making a shift. Research shows you can make more sales by abandoning sales-y behaviors buyers resist and replacing them with leadership behaviors buyers desire. Sellers do extraordinary things when they stop pushing people to
adamgrant's picture

Is Curiosity As Good at Predicting Children’s Reading, Math Success as Self-Control? Study Says Yes

The joy of discovery matters as much as self-control, and matters even more for low-income children. We need to encourage kids to ask novel questions, not just give familiar answers.Ever since the landmark "marshmallow test" highlighted the
danielhpink's picture

PINKCAST: This is when to quit your job

Should you stay or should you go? After a few years at the same job, many of us begin asking that question.In the latest Pinkcast, former Wall Street analyst and venture capitalist Whitney Johnson offers the answer. You can watch the 136-second
changethis's picture

The Speed Trap: When Taking Your Time (Really) Matters

“Speed-for-speed’s-sake is about the most counterproductive* approach imaginable. (*I use counterproductive because it’s impolite to use “stupid”—which is what I really believe.)While we must indeed evolve and experiment rapidly, the process of
adamgrant's picture

How to Pick a Career (That Actually Fits You)

This is a post about something I’ve been wanting to write about forever: careers. Society tells us a lot of things about what we should want in a career and what the possibilities are—which is weird because I’m pretty sure society knows very little
danielhpink's picture

WHAT TO LISTEN TO: Some audiobooks are more equal than others

“Mr. Jones, of the Manor Farm, had locked the hen-houses for the night, but was too drunk to remember to shut the popholes.”So begins Animal Farm, George Orwell’s classic novella. I’ve read Animal Farm many times. But now, for the first time, I’m
changethis's picture

Beyond Business Results: Achieving Sustainable Success

“For most of my career, I focused on my next professional opportunity rather than on my present situation. I was committed to serving patients and to helping my company meet its goals; I was always looking down the line to what was coming next. What
danielhpink's picture

WHAT TO WATCH: The Happiest Guy in the World

Two decades ago, Mario Salcedo retired from his job and went on a cruise. He never came back. Mario wasn’t lost at sea. For more than 20 years, he's been a permanent resident on Royal Caribbean Cruises. You read that right. “Super Mario” has