Residential lift for commercial use

If your two ground-floor flats have been legally approved for commercial clinic use by Greater Visakhapatnam Municipal Corporation (GVMC), then the other flat owners cannot legally prevent you from using common amenities like the lift, especially when the lift forms part of the common area of the apartment. You should first collect all relevant documents including the approved commercial plan, sale deeds, occupancy certificate, and apartment association bylaws. If the residential flat owners are obstructing the use of the lift for your clinic, you may send a legal notice through an advocate to the apartment association stating that your commercial use is legally sanctioned and that denying access to common facilities amounts to unlawful interference with your ownership rights. You may also file a complaint before the apartment association or the Andhra Pradesh Societies Registration Department if the association is registered. In addition, you can submit a complaint to Greater Visakhapatnam Municipal Corporation if residents are interfering with your approved commercial activity. If the issue continues, you may approach the civil court seeking an injunction and protection of your right to use common amenities. In case of threats, harassment, or physical obstruction, you may also file a police complaint.

Dear Client,
Since your two ground floor flats have been approved by Greater Visakhapatnam Municipal Corporation (GVMC) for commercial use as a clinic, you are legally entitled to use the common amenities attached to the apartment complex, including the lift, unless there is any specific restriction in the registered bye-laws or association rules.

The other flat owners cannot arbitrarily stop you from using the common lift merely because your premises are being used commercially, especially when such commercial use has already been approved by the competent authority. The lift forms part of the common area and all owners having undivided share in the property generally have equal rights over its usage.

However, if your clinic causes excessive crowding, nuisance, or safety concerns, the association may regulate the manner of use, but they cannot completely deny access without lawful authority.

You should first:

1. Send a written representation to the Apartment Owners Association/Society requesting uninterrupted lift access.

2. Attach copies of the GVMC commercial approval and ownership documents.

3. Ask for a copy of the registered bye-laws, if they claim any restriction exists.


If the issue is not resolved, you may file a complaint before:

1. The Civil Court seeking injunction against interference with your lawful use of common facilities.
2. If the association is threatening or illegally obstructing access, you may also lodge a police complaint for unlawful interference and harassment.

For further legal assistance contact an Advocate.