Can a Housing Society Charge Shifting Charges in Maharashtra?

By Sunil Kumar, CEO, Multishift Packers & Movers Pvt Ltd • Published • Updated • 6 min read
Packers carrying household goods out of a housing society building on shifting day

No Maharashtra law expressly allows or bans a move-in or move-out (shifting) charge. A cooperative housing society can only collect what its registered bye-laws and general body resolutions permit, so a shifting fee with nothing behind it can be questioned before the Deputy Registrar of Co-operative Societies. Two related charges do have published caps: non-occupancy charges on rented flats (10% of service charges) and the transfer premium on a flat sale (₹25,000 in municipal corporation areas).

Society rules come up on almost every flat move in Navi Mumbai, Mumbai and Thane, and shifting charges are a common surprise on moving day. Here is what a society can and cannot ask for, what is usual, and what to do if the demand looks wrong.

This is general information from published rules and orders, not legal advice. For a dispute, read your society's registered bye-laws and speak to the Registrar's office or a lawyer.

What do the rules say about shifting charges?

Cooperative housing societies in Maharashtra are registered under the Maharashtra Co-operative Societies Act, 1960, and run by bye-laws that each society adopts and registers, usually based on the model bye-laws. The bye-laws list what a society may recover from members: service charges, sinking fund, repairs fund, water and electricity for common areas, and so on.

A separate "shifting", "move-in" or "move-out" fee is not one of the standard heads, and no Maharashtra order we have found sets an amount for it. That is why the question is a grey area:

  • Some advisers say a charge passed by the general body and recorded properly can be valid if it is reasonable and covers a real cost, such as lift use, extra security or cleaning.
  • Others point out that societies may only recover what the Act, the registered bye-laws and the Registrar allow, and that a resolution cannot override them. Bye-law amendments also need registration with the Registrar before they take effect.

In practice the test is simple: ask the society which bye-law or general body resolution the charge comes from. A properly passed, reasonable and documented charge is hard to fight. A fee with no paperwork, collected in cash without a receipt, is not.

Can a society charge tenants a move-in fee?

Tenants are the people most often asked for shifting charges, and the rules are on their side more than many realise. Non-occupancy charges are billed to the owner-member, not to the tenant, and are capped at 10% of service charges. Commentators on Maharashtra society law note that a society should not levy separate charges on tenants beyond what the bye-laws provide.

A fee charged only to tenants, set as a percentage of rent, or demanded each time a tenant changes, deserves a polite request for the bye-law or resolution behind it. A refundable deposit for lift or common-area damage that applies equally to owners and tenants is far easier to justify.

What is reasonable, and what is not?

  • A refundable deposit, returned after the lift and common areas are checked
  • Fixed shifting hours, advance notice to the secretary and a gate pass
  • A requirement to pad the lift and protect the lobby floor
  • A charge passed at a general body meeting, with a receipt
  • A non-refundable fee charged to tenants only, with no resolution behind it
  • A fee worked out as a share of your rent or deposit
  • Cash demanded by a guard or committee member without a receipt
  • Holding your move or your NOC until an unexplained fee is paid

Do I need a society NOC or permission letter to shift?

No law requires a society NOC simply to move your household goods in or out. Most societies do ask for written intimation to the secretary, a shifting date and time, and sometimes a gate pass, so that security knows the truck is expected. Giving that letter a few days ahead avoids a stand-off at the gate.

Use our free society shifting permission letter generator to create the letter in English with your flat number, date, time slot and mover details, ready to print or send on WhatsApp.

How do I challenge an unfair shifting charge?

  1. Ask in writing for the bye-law number or general body resolution that authorises the charge, and the amount.
  2. Read your society's registered bye-laws. Every member is entitled to a copy.
  3. If your move cannot wait, pay against a proper receipt and write "paid under protest" on your covering letter, so you can still dispute it.
  4. Write to the managing committee setting out why the charge is not authorised, and ask for a refund.
  5. Complain to the Deputy Registrar of Co-operative Societies for your ward or taluka if the committee does not respond. Attach the receipt, the demand and your letters.

Keep it calm and on paper. Most committees settle once they are asked which rule they are relying on.

How do I make shifting day easy in a society?

  • Inform the secretary three to five days ahead and book the lift for your time slot.
  • Check the society's shifting hours. Many do not allow moves late at night or on certain days.
  • Ask your mover to pad the lift walls and protect the lobby floor. That protects your deposit.
  • Tell security the vehicle number and the crew size the day before.
  • At the new building, check where the truck can park and whether a smaller vehicle is needed for a narrow lane. Our vehicle size guide helps.

At your survey, tell us the society’s timings and lift rules so the crew and vehicle can be planned around them.

Frequently Asked Questions

Can a society in Maharashtra charge shifting charges?

Only if the charge is backed by its registered bye-laws or a properly passed general body resolution, and it should be reasonable. No Maharashtra law expressly sets or bans a shifting fee, so ask the society which rule the charge comes from.

Is a society shifting charge refundable?

A shifting deposit taken to cover lift or common-area damage should be refunded after inspection if nothing is damaged. A fixed shifting fee is usually non-refundable, which is why it needs a bye-law or resolution behind it.

Can a society charge tenants a move-in or move-out fee?

Non-occupancy charges are billed to the owner-member and are capped at 10% of service charges in Maharashtra. A separate fee charged only to tenants needs a clear basis in the bye-laws; ask for it in writing before paying.

Do I need a NOC from my society to shift house?

No law requires a society NOC just to move your goods, but most societies ask for written intimation, a date and time and sometimes a gate pass. Give the secretary a shifting permission letter a few days before the move.

Where do I complain about illegal society charges in Maharashtra?

First write to the managing committee asking for the authority for the charge. If that fails, complain to the Deputy Registrar of Co-operative Societies for your area, with the demand, receipt and letters attached.

Shifting into or out of a society? We plan the move around your society’s timings and lift rules, and your shifting permission letter takes two minutes with our free generator.

Book a Free Survey Slot Call +91 99877 83407

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