HOTEL/ MOTEL & GUEST HOUSE, ETC./ DO YOU WANT TO RUN A GUEST HOUSE IN DELHI ?

Mandatory requirements to start a Guest House/Hotel in residential areas

  1. Land: The minimum size of plot shall be 200 sqm in regular plotted development areas and 75 sq.m in re-habilitation colonies, walled city, special area, regularized-unauthorized colonies, resettlement colonies & urban villages (Para 15.7.3 of the MPD-2021).
  2. Minimum Right of Way (ROW) (para 15.7.2 of the MPD).
    1. In A & B Colonies: 18 mts ROW in regular plotted development.
    2. In C & D Colonies: 18 mts ROW in regular residential plotted development, 13.5 mts ROW in rehabilitation colonies and 9 mts ROW in regularized-unauthorised colonies, re-settlement colonies, Walled City, special area and urban villages; and in pedestrian shopping streets (of less than 6 mts ROW.)
    3. In E, F & G colonies: 13.5 mts ROW in regular plotted development, 9 mts ROW in rehabilitation colonies and 6 mts ROW in Walled City, regularized-unauthorised colonies, re-settlement colonies, special area and urban villages; and in pedestrian shopping streets (of less than 6 mts ROW.)
  3. Fire clearance from Chief Fire Officer, Delhi Fire Services, Delhi.
  4. Health Trade Licence from civic agencies i.e. MCD/NDMC/DCB/Airport Operator.
  5. Structuraly Safety Certificate and Certificate of height of building as per provisions contained in MCD Health Deptt Circular No. Dy.MHO(PH)/2008/507 dated 08.04.2008 Click to Download.

REQUIREMENTS FOR GRANT OF LICENSE

A)Receipt of Application Forms:-

    The applicant is required to apply online for the registration of Guest House on the prescribed application form. He can upload the documents and take an appointment or after filling the form he can take an appointment and submit the form personally at the counter in Licensing unit, alongwith the following documents:-

  1. Application Form Click to Download.
  2. Proof of ownership/tenancy/lease of premises of the Guest House (registered sale deed, registered lease/rent deed).
  3. Self attested NOC of owner/owners of premises to run Guest House.
  4. Valid Health Trade License issued by MCD/NDMC/DCB/Airport Operator.
  5. Certificate of Incorporation of proprietorship, LLP, Partnership, Limited, Private Ltd., Public Ltd., Company.
  6. Memorandum of Association.
  7. Current Form 32.
  8. Self attested Board Resolution/Names of Directors for conducting business.
  9. Nomination of Authorized signatory on Company Letter Head.
  10. GST Registration Certificate in the name of Guest House/Company, as per requirement.
  11. Fire Safety Certificate.
  12. Site Plan or approved Building Plan (Blue Print).
  13. Sefl attested prescribed new Affidavit for Renewal/Fresh License. Click to Download.
  14. Space earmarked for smoking in terms of G.S.R. No. 500(E) dated 23rd May, 2017, with photographs. (reg. COTPA Act 2003). Self attested Affidavit Click to Download.
  15. List of employees with Name, Father’s name, Address.
  16. Police Clearance Certificate for employees or proof of submission for obtaining PCC.
  17. Photographs of the Guest House with specific parking area/space.
  18. Proof of installation of CCTV system with 30 days recording such as invoice or technical report of installation or AMC or photographs and other documents.
  19. Identity documents of applicants –Adhaar Card or in case the applicant does not have Adhaar Card, a written declaration to be submitted in the form of an Affidavit, sworn before Magistrate First Class, along with an alternative identification proof which may include – Passport, Voter Identification Card, PAN Card.
  20. Proof of residence of applicant – If the applicant does not possess Adhaar Card or Passport – (Election Card or Electricity Bill or Landline Telephone Bill or Rent Deed or Lease Deed or Property documents duly registered by Sub Registrar, or any other document to the satisfaction of the Licensing Authority)
  21. Any other documents, if required.
  22. All the Photostat copies of the documents submitted shall be self attested by the applicant.

THE FOLLOWING DOCUMENTS ARE REQUIRED FOR RENEWAL OF LODGING LICENSE:

  • Application Form Click to Download
  • Proof of ownership/ tenancy/lease of premises of the Guest House (registered sale deed, registered lease/rent deed).
  • Self attested NOC of owner/owners of premises to run Guest House.
  • Valid Health Trade License issued by MCD/NDMC/DCB/Airport Operator.
  • Certificate of Incorporation of proprietorship, LLP, Partnership, Limited, Private Ltd., Public Ltd., Company. (If not submitted earlier).
  • Memorandum of Association. (if not submitted earlier).
  • Current Form 32.
  • Self attested Board Resolution/Names of Directors for conducting business.
  • Nomination of Authorized signatory on Company Letter Head.
  • GST Registration Certificate in the name of Guest House/Company, as per requirement.
  • Fire Safety Certificate.
  • Site Plan or approved Building Plan ( if not submitted earlier).
  • Self attested prescribed new Affidavit for Renewal. Click to Download
  • Space earmarked for smoking in terms of G.S.R. No. 500(E) dated 23rd May, 2017, with photographs. (reg. COTPA Act 2003). Self attested Affidavit Click to Download.
  • List of employees with Name, Father’s name, Address.
  • Police Clearance Certificate for employees or proof of submission for obtaining PCC.
  • Proof of installation of CCTV system with 30 days recording such as invoice or technical report of installation or AMC or photographs and other documents.
  • Identity documents of applicants –Adhaar Card or in case the applicant does not have Adhaar Card, a written declaration to be submitted in the form of an Affidavit sworn before Magistrate First Class along with an alternative identification proof which may include – Passport, Voter Identification Card, PAN Card or Identity Card.
  • Proof of residence of applicant – If the applicant does not possess Adhaar Card or Passport – (Election Card or Electricity Bill or Landline Telephone Bill or Rent Deed or Lease Deed or Property documents duly registered by Sub Registrar or any other document to the satisfaction of the Licensing Authority)
  • Any other documents, if required.
  • All the Photostat copies of the documents submitted shall be self attested by the applicant.
  • PROCEDURE FOR STAMPING OF GUEST REGISTER

    Stamping of Guest Register:

    On receipt of request as per the format Click to Download from the licensee for stamping of prescribed visitor/guest register, the dealing hand at Public Lounge puts up the same through proper channel to the ACP along with the check list and after approval the same is stamped and signed by the Incharge/Hotel. Licensee must submit arrival and departure register well before two or three days its expiree for stamping.

    The guest houses running without obtaining a licence can be challaned u/s 28/112 of the DP Act. However, as per policy decision, the Guest house owners who have applied for grant of lodging licence in Licensing unit, are not being challaned till the disposal of their applications. Similar in the case if any stay order from the Court of Law is in operation.

    TRANSFER OF LODGING LICENSE/CHANGE OF NAME OF LICENSEE OR CHANGE OF NAME OF THE GUEST HOUSE IN LODGING LICENSE:

    The Lodging License may be transferred in case of death of Lodging License holder or other circumstances after the production of amended Health Trade license issued by the civic body alongwith other required documents, after due Character Verification etc. as deemed fit by the Licensing Authority. In case of change of address of Lodging License Holder, the same may be amended subject to character & antecedent verification of the applicant. The change in name of the Guest House or the Lodging License holder will be endorsed in the Lodging License after production of amended Trade License.

    SUSPENSION/REVOCATION OF LICENCE:

    The Licensing authority has the discretion to suspend or revoke the license if it appears that such place is likely to cause obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity. However, no licence granted under the Regulations can be suspended or cancelled until the holder of the license has been given a reasonable opportunity to show cause as to why his license should not be cancelled or suspended or as the case may be. Further, no such opportunity shall be necessary when the license is suspended temporarily pending an enquiry against the licensee for contravention of the provisions of the regulations or any order made thereunder or of any of the conditions of the license.

    DUPLICATE COPY OF THE LODGING LICENSE:

    If a Lodging License is defaced, lost or destroyed, the Licensing Authority may on an application made to him (alongwith lost report in case of lost L/L) and after such enquiry as he may think fit, issue a duplicate copy of the Lodging License on payment of prescribed fee.

    SHOW CAUSE NOTICES:

    Show Cause Notice for cancellation of Lodging License, shall be issued by the Licensing Authority and will be served directly to the person concerned, and a copy is marked to the Deputy Commissioner of Police of the concerned area. A period of 15 days to show cause from the date of receipt of Show cause notice and a personal hearing to the licensee is also afforded. The notice is decided expeditiously.

    SUSPENSION OR CESSATION OF OPERATION ORDER:

    Licensing Authority may, on the basis of reported violations of conditions of Lodging License, regulations & facts and circumstances in each case can also suspend the Lodging License with immediate effect without issuance of SCN and direct cessation of operation of Guest House at any stage in the interest of public safety.

    As per the Delegation of Power orders issued by the Commissioner of Police, Delhi vide No. 83-182/Spl.Cell/PHQ dated 01.02.08, the powers of licensing of Places of Public Entertainment vests with the Addl. Commissioner of Police, Licensing, Delhi.

    A) As per Municipal Property Tax Guide, Colonies/Localities/Areas have been categorized as A,B,C,D,E,F & G, and the list are as Annexure-II, VII & IX to the said guide.

    B) Areas in NCT of Delhi where boarding and lodging activities are permissible:

    As per the Master Plan Delhi, 2021 notified by the Ministry of Urban Development, Govt. of India vide SO No. 141(E) dated 07.02.2007, the following activities are permissible in the following areas.

    1. Hotels: It is permitted in commercial Use Zone, Commercial Centres in Industrial Use Zone and Transport Nodes (ISBT, Bus Depot/Terminal, Railway Station, Airport, Integrated Freight Complex, Metropolitan Passenger Terminal) and other use zones – where it is already existing and where building plans are approved by the Competent Authority (Para 5.8 of the MPD-2021 refers to).
    2. Service Apartments: A premise fully furnished, serviced and self contained with meal preparation and use for short term corporate accommodation. The activities permitted are guest suites, conference facilities, office, retail and service shops to be restricted upto 20% of floor area. Service is permitted in Apartment in Metropolitan City Centres, District Centres and Community Centres.
    3. Motels: New Motels shall not be permitted in the green belt. However, existing village abadis, regularized unauthorized colonies and approved motels may continue in the green belt (Para 3.2.1 of the MPD-2021 refers to).
    4. Guest House: Guest House (including lodging house) irrespective of numbers of rooms are also permitted in residential areas as mentioned at para-15.7 of the MPD-2021. Similar is the case with regard to other Lodging & Boarding facilities like Bed & Breakfast establishments, Dharamshalas / Hostels etc.

      Special Area: Under clause 16.2 of MPD-2021, the walled city and its extensions, Karol Bagh and the contiguous area in between, has been designated as Special Area. Special Area has been divided into three separate parts, namely (i) Walled City (ii) Walled City and Extension and (iii) Karol Bagh as explained in para 3.3.1.2 of the MPD-2021. Walled city of Shahjahanabad comprises area bounded by Ring Road on the East, Asaf Ali Marg / Jawahar Lal Nehru Marg in the South, Railway Line on the West and Boulvard Road in the North. The Walled city extension comprises Pahar Ganj, Sadar Bazar, Roshanara Road, and their adjoining areas.

      Pedestrian Shopping Street (PSS) : Streets of less then 6 meter ROW notified as Mixed Used Street or Commercial Street in regularized-unauthorised colonies, re-settlement colonies, special areas and urban villages and not open to motorized transport as defined in para 15.3.3 of the MPD-2021 are known as PSS. The list of such Pedestrian Shopping Streets has been mentioned in the MPD-2021.

    Relaxation:

    1. The variation of + / - 5% in Plot size may be disregarded as per provision contained in para 15.7.3. of the MPD.
    2. As per provisions contained in para 15.7.3. (v) of MPD-2021, the guest houses operating in plots abutting streets of prescribed minimum ROW in Special Area and in plots abutting Master Plan Roads and Zonal Plan Roads shall be permissible upto 100% of built up area and the limits regarding the size of the plot shall not apply. Provided that except in LBZ and Civil Line Bungalow Zone, Guest Houses that were operating validly under provisions of MPD prior to 7.9.2006 would continue to run to the extent as was permissible at that time.
    3. Parking @ 2.0 E.C.S. per 100 sqm. built up area shall be provided within the premises. Where this is not available, cost of development parking, shall be payable by the plot allottee / owner to the local body concerned, as per provisions contained in para 15.4.- other terms & condition No. (v) of MPD. The Parking charge varies from one category to another category.
    4. The Commercial activity existing prior to 1962 in residential areas and streets / stretches shall continue subject to documentary proof thereof, as per provision contained in para 15.3.1 of MPD-2021.

    APPEAL:

      Any person aggrieved by an order of refusal to grant or renew the lodging license or order cancelling or suspending the licence may, within 30 days from the date of receipt of the order, file an appeal before the Hon’ble Lt. Governor, Delhi (Administrator).

    Hotel Team

    Sushil Kumar (Inspr)

    Check List for new Lodging License

    Check List for renewal of Lodging License