The term “change of user” refers to the conversion of a property from one user to another user. The Legally constructed buildings are typically categorized as Residential, Commercial and Industrial User. When the plans are originally sanctioned by the Corporations, the user is fixed and the Development Control Rules are applied to those structures or buildings etc. It is based mainly on Commercial, Residential and/or Industrial. The Development Control Rules have certain permissive deviations, by which certain Users are permitted to use in typical classes, which can broadly define time to time. In the context of Municipal Corporation of Greater Mumbai (MCGM), this could mean converting a garage from being used for parking a car to being used as an office. 

It is uncommon for people to use their property, such as a garage, for commercial purposes like an office and/or shop. However, the legality of this practice varies depending on the location and local laws. 

It is important to note that housing societies may oppose the full commercial usage of residential apartments. It is advisable to consult with local authorities and obtain the necessary permissions before converting a residential property into a commercial space.

There are many examples of change of user, which refers to the conversion of a property from one use to another. Some common examples include:

• Converting a residential property into a commercial space, such as an office or retail store.
• Changing the user of a commercial property.  

Local authorities like MCGM, Kalyan-Dombivli Municipal Corporation, Thane Municipal Corporation,etc each have their norms about the User of the Premises and also permissive change of User. So it is necessary to know which user is termed as what, meaning there by broadly there are 3 divisions one is Residential which each one of us knows about, who stays in apartments, bungalows, and houses. The Second one is Industrial which has wider ramifications. The Third one is the Commercial Area.

There are two types of structure in the Building one is the Created and other one is converted. 

Created will be of 2 types: 

1. Legal : 
2. Illegal : Garage is used as the Laundry Shop. 

For Eg. If there are flats on the ground floor but now it has been used for Commercial Purposes. There are segments for commercial purposes such as laboratories, gymnasiums, etc. There are also many issues overlapping, meaning that the old lady stays on the ground floor, prepares the Food and sells it sitting at home. The question is whether it is termed as commercial use or not. Maharashtra Government notification has come up saying that ladies can profess Teaching, Home Cooking, and also Beauty parlors so it is not termed as Commercial Use. 

Apart from that, there are many times there is a Change of User, Example as the ground floor flat is used as a laundry or shop. Other professionals such as doctors, and CA conduct their office in the same residential premises. Thereafter the Change of user process starts in which the Residential House is converted to a Commercial and he/she pays the amount to Municipal Corporation. 

Another example is the buildings have their garages and the garages are used for Commercial purposes such as food counters or shop, and offices. A person having the same user in Redevelopment means thereby you are having a commercial and getting it for a commercial. 

However, suppose there is an unauthorized structure, the Society has granted a rent receipt to run it as the Commercial Purposes and use the premises. Once the society issues the rent receipt the society is under the promissory estoppel meaning thereby the society cannot take any action because society has regularized by issuing the Rent Receipts to the person who is using the premises for Commercial/Residential Purpose.  

• What will be the rights of the user who is in the unauthorized structure?

If the society is issuing the rent receipt against the Commercial User, under the redevelopment he will get the Commercial Premises. 

Eg. Suppose the person wants to convert the residential into commercial by this means and the building is going under redevelopment, he/she will get only residential. 

Eg. Suppose you have converted commercial into industrial, you cannot ask for commercial you will get commercial against the commercial. 

• If the Structure is unauthorized, why does he have to settle?

The reason is that even if it is unauthorized he cannot demolish it, it has to go according to the procedure. The Society Members have to complain to the Municipal Corporation then the MCGM will take charge and issue the notice to users of unauthorized structures thereafter, the matter can also come to the court for further steps. 

In those cases, you have to check on the business calls, wait for the redevelopment till the building is demolished to pay off to the person who is using the or surrender all the rights.

It is a long process that needs to be evaluated. 

It’s important to note that these are general steps and the exact process can vary based on local laws and regulations, the specific circumstances of the property, and the redevelopment plans. It’s always recommended to consult with a real estate professional or legal advisor to understand the specific requirements and processes involved in your area.