Property Registration and Legal Permit in India

[Mansi0]

Hello all you wonderful hosts in India!

I hope you are having a great time hosting interesting people and shariang exciting experiences!

My question is about legality of hosting a property on Airbnb in India and the permits/registration required to do so. From Airbnb’s website, I understand that hosts are responsible for communicating this with the local government.  I have contacted the Ministry of Tourism office, here in Bangalore, who suggested registration of a property listing for home-stay or bed and breakfasts is not mandatory and establishments can be run without any restriction.

However, after going through the section under Responsible Hosting - Registration of Guests ( https://www.airbnb.co.in/help/responsible-hosting ), I believe the regulations in India require maintaining a register for guest check-in and check-out records. Furthermore, there are certain forms like Form C  and Form F , which property and listing details need to be mentioned. This contradicts the statement by the representative from the Ministry of Tourism and the ambiguity still prevails.

I would greatly appreciate if you could share your experiences and advise on how you have gone about the legality of your listing registration, permits and guest records.

Many thanks in advance!

Kind regards,

Mansi

[DrKaushik0]

Can u help me to understand the legal requirement to start hosting a 3 bedroom house in kolkata?

[Seema13]

Yes I need help. I am also a super host of airbnb in Noida but facing problem now from society. They want some registered papers frm airbnb. I don't know what to do now? I am feeling as I am doing some illegal business. 

[Rajat3]

Hello

This is Rajat Joshi from lonavala

We have a villa which we want to host on Airbnb. 

We need help for the process and registration

Warm regards

Rajat Joshi

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[Sunil-Kumar1]

Hello, 

I have listed my property at BNB. The flat is in new town near malancha. What are necessary things I have to fulfil plz. Guide me.

[Sudipto0]

Hi Saptorshi, can you please tell me how to get legal documents from airbnb, like it is not used for commercial purpose. If some complan arises from other flat owners, how o handle it. Can you pls tell

[Shampa2]

Hi Saptorshi,

I have jst listed my apt in kolkata. Could you kindly guide on legalities required for hosting guests in a residential complex. Although I maintain a register with guest Ids n contact numbers and submit the ID proof to building security. But is there any other legal procedure that I need to follow? Esp while hosting foreign nationals. Will be highly obliged if you could help me with this info please. 

Kind Regards

Shampa

[Sanraj1]

Hi,

Is there any police permission required to  operate a single one room Home stay in Kolkata?

Regards.

Sanjit.

e-mail : 

**[E-mail address removed due to safety reasons - Community Center Guidelines]

[Linus21]

hi @Saptroshi0,

**[Phone number hidden due to safety reasons - Community Center Guidelines]

[Mahendra5]

Pls any input on the society NOC content/format will really help.

Thank you.

[Prarrthona0]

Hi Advocate. I am facing problem in hosting as the society is not allowing. Can they legally stop me from hosting?

[Akhilesh5]

@Prarrthona0  I m having same problem. How you solved. Plz connect on 9869457767.

[Pratik13]

Same issue. Were you able to handle it? Let's connect please. WhatsApp 9004958886

[Patricia2166]

Hi dear, what if the building doesn't have a society since it has only 6 flats resonned being for not having a society, what do we do them?

[Sumeet9]

Sir ,

A few clarifications :

1. As per MTDC ,Society permission is not mandatory.  NOC from neighbors is good enough . I have it .

2. Society cannot stop anyone from renting.  There are several high court Judgements on it . " Renting cannot be said to be a business that affects the business of society "ref  BOMBAY  High court  (Sanjay Kumar vs Ameitlal shah ) 

3. Society cannot impose laws which encroach upon fundamental rights of individuals guaranteed by the law of the land  to them Blue leaf corporation vs Air India pilot society

4.  Society cannot levy  non occupancy charges of more than 10% of actual maintenance irrespective of the number of people staying in a unit. Bomaby High court .

5. Shimla High court in 2015 CWP NO. 4217 BRIG Harmesh sethi  vs State of Himachal Pradesh  has stated " HOMESTAY is not a Commercial ACTIVITY " .  

6. Right to property is not only a CONSTITUTIONAL Right or STATUTORY Right but also a HUMAN RIGHT.  ref Tukaram Kana Joshi vs MIDC 2013 .. 

Hence society has only a very limited role to play in Renting of Units.

[Supriya0]

Dear Sumeet9

Your clarifications are very encouraging.  Do the same laws hold for West Bengal? My property is in Kolkata. 

Is it mandatory to have a license from the government of India to be a Airbnb host here? 

I have been hosting in Kolkata for quite sometime now but I have no license. I never faced any problems with the building society in the past but lately  am facing objections from few members. I had stopped hosting since mid March because of the pandemic and planned to resume hosting in October when the government unlocked most activities and establishments. However when I informed the society of my plans few members raised objections citing dangers related to the current Covid situation. A couple of Committee members are now also saying that they will not allow me to host even in the future after the pandemic is over . Does the society have the authority to do this? 

Do I need to get a license for my Airbnb? 

Would be really grateful for your inputs.

Many thanks in advance.