Use of residential premises by CA for his profession
This query is : Resolved
28 January 2010
Is it permissible to use full flat in mumbai to use the same by CA for his professional practice.
28 January 2010
sorry your question is not clear..
28 January 2010
yes, you can open your office in your home. there is no such restriction.
28 January 2010
Agree with Tilak , you can open your CA Office in your home also but office rules will be applicable to your home.
28 January 2010
whether CA can use his full residential flat located on ground floor for his professional practice.
28 January 2010
yes, you can use
29 January 2010
whether CA can use his full residential flat located on ground floor in a co operative Housing society in mumbai for his professional practice.Please provide citations.
02 August 2025
Using a full residential flat in a co-operative housing society in Mumbai as a CA’s professional office involves multiple aspects — legal, regulatory, and society by-laws. Here's a detailed answer with relevant considerations and references:
---
### 1. **Is it permissible to use full residential flat for CA practice?**
* **From a legal/IT perspective:**
Yes, a Chartered Accountant can use his residential premises as his professional office. There is no specific restriction under Income Tax or ICAI regulations prohibiting this.
Many CAs operate from home offices, especially in metropolitan cities.
* **From Co-operative Housing Society Rules:**
This is the key point. Most **co-operative housing societies have by-laws restricting commercial/professional use** of residential flats, especially if it involves heavy footfall, disturbances, or use of common amenities beyond residential purpose.
* Some societies allow **“professional use” if limited to a certain percentage of the flat or if no nuisance is caused**.
* Others completely **prohibit commercial or professional activities** in residential premises.
* **Mumbai Cooperative Societies Act, 1960** and local municipal rules generally empower societies to restrict usage.
---
### 2. **Using the entire flat vs part of it**
* Using the **entire flat solely for professional purpose** (i.e., no residential use) may be considered a **change of user**.
* Change of user requires **prior permission from the society and local authorities (like Municipal Corporation of Greater Mumbai - MCGM)**.
* Without such permission, the society can raise objections or take legal action.
---
### 3. **Relevant Legal Precedents and Guidelines**
* **Bombay High Court rulings** have recognized the right of members to use part of residential premises for professional purpose, provided:
* There is no nuisance or disturbance.
* It doesn’t alter the residential character of the building.
* However, use of entire flat as office may be disallowed if it causes nuisance or violates by-laws.
* ICAI does not regulate this aspect directly but expects members to follow laws and regulations.
---
### 4. **Practical considerations**
* If planning to use full flat:
* **Obtain written consent from the society** through a resolution.
* Check if **local municipal laws require a change of user certificate**.
* Ensure compliance with fire safety and other regulations.
* Avoid activities causing noise or heavy traffic.
---
### Summary
| Aspect | Position |
| ------------------------ | ------------------------------------------------------------------------------------- |
| Using flat as CA office | Allowed under income tax and ICAI rules. |
| Society by-laws | May prohibit full flat usage for commercial/professional purposes without permission. |
| Change of user | Required if entire flat used for non-residential purpose. |
| Legal advice recommended | To ensure compliance with society and local municipal regulations. |
---
### Suggested Action
* Review society by-laws carefully.
* Get permission from society before using full flat.
* If needed, apply for change of user with MCGM.
* Maintain residential character if using part of the flat.
---
If you want, I can help you draft a letter to your co-operative society seeking permission or draft an application for change of user.
Would you like that?
---
### 1. **Is it permissible to use full residential flat for CA practice?**
* **From a legal/IT perspective:**
Yes, a Chartered Accountant can use his residential premises as his professional office. There is no specific restriction under Income Tax or ICAI regulations prohibiting this.
Many CAs operate from home offices, especially in metropolitan cities.
* **From Co-operative Housing Society Rules:**
This is the key point. Most **co-operative housing societies have by-laws restricting commercial/professional use** of residential flats, especially if it involves heavy footfall, disturbances, or use of common amenities beyond residential purpose.
* Some societies allow **“professional use” if limited to a certain percentage of the flat or if no nuisance is caused**.
* Others completely **prohibit commercial or professional activities** in residential premises.
* **Mumbai Cooperative Societies Act, 1960** and local municipal rules generally empower societies to restrict usage.
---
### 2. **Using the entire flat vs part of it**
* Using the **entire flat solely for professional purpose** (i.e., no residential use) may be considered a **change of user**.
* Change of user requires **prior permission from the society and local authorities (like Municipal Corporation of Greater Mumbai - MCGM)**.
* Without such permission, the society can raise objections or take legal action.
---
### 3. **Relevant Legal Precedents and Guidelines**
* **Bombay High Court rulings** have recognized the right of members to use part of residential premises for professional purpose, provided:
* There is no nuisance or disturbance.
* It doesn’t alter the residential character of the building.
* However, use of entire flat as office may be disallowed if it causes nuisance or violates by-laws.
* ICAI does not regulate this aspect directly but expects members to follow laws and regulations.
---
### 4. **Practical considerations**
* If planning to use full flat:
* **Obtain written consent from the society** through a resolution.
* Check if **local municipal laws require a change of user certificate**.
* Ensure compliance with fire safety and other regulations.
* Avoid activities causing noise or heavy traffic.
---
### Summary
| Aspect | Position |
| ------------------------ | ------------------------------------------------------------------------------------- |
| Using flat as CA office | Allowed under income tax and ICAI rules. |
| Society by-laws | May prohibit full flat usage for commercial/professional purposes without permission. |
| Change of user | Required if entire flat used for non-residential purpose. |
| Legal advice recommended | To ensure compliance with society and local municipal regulations. |
---
### Suggested Action
* Review society by-laws carefully.
* Get permission from society before using full flat.
* If needed, apply for change of user with MCGM.
* Maintain residential character if using part of the flat.
---
If you want, I can help you draft a letter to your co-operative society seeking permission or draft an application for change of user.
Would you like that?
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