Please guide what it takes to effect this change in Pune municipal area, in an apartment.
I C Naik
The housing society is a de jure owner of all property including your apartment. Moreover, you have signed an undertaking as required under 19(A) (iv) he in the prescribed form (Appendix 4) to the effect that you shall use the flat for the purpose for which it was purchased by you (allotted to you).
The undertaking refers to the use of the flat as specified in Allotment Letter issued under Bye Law No 76(a). So you have to apply to the Committee. As the Commercial use may have effect on the life of other residents, the Committee may decide to get approval of the members in general body meeting. Thereafter the Society will have to approach the concerned Department of Pune Municipality where the approved building plan is kept.
Depending upon internal rules of the Department as to user change the approved plan will have to be modified to provide for changed user. It will have to go to Property Tax Department as the Tax rate will change. Development Control Rules provide for the uses of property and if the property is earmarked as purely residential one, you will have to wait for change in Control Rules.