Ghaziabad society residents run hourly Airbnb stays from flats, protest erupts; Can a flat owner operate short-term homestay under law?

Residents of Vaibhav Khand Windsor Park Society in Ghaziabad have protested against alleged Airbnb-style short-term rentals from residential flats, with some residents claiming that units are being offered even for a few hours and raising concerns over unknown visitors, police verification and late-night disturbances.

According to TOI, the residents held a protest near Gate No. 1 and submitted a joint complaint to the District Magistrate, Police Commissioner, Ghaziabad Development Authority, Nagar Nigam and Tourism Department. They alleged that several flats, particularly studio apartments in Towers A and B, were being used for daily or short stays. Towers A and B have around 270 studio apartments, while the society has around 770 flats, according to the residents' claims.

The dispute raises a broader question for apartment owners across Uttar Pradesh. Can a person legally use a residential flat as a short-term homestay or Airbnb-style accommodation?


The answer is not a simple yes or no. Uttar Pradesh does have a framework allowing qualifying residential premises to operate as homestays and bed-and-breakfast units, but the arrangement comes with conditions. The applicable apartment bye-laws and the actual manner in which the flat is being operated can also matter.

What happened in Ghaziabad society

Residents alleged that dozens of flats were being rented out on a daily or short-term basis and claimed some occupants were staying without police verification or required registration. One resident alleged that studio apartments were being rented for a few hours, while another resident said such activity was affecting security inside the society.

Residents also alleged late-night disturbances, including drinking in parked vehicles, verbal abuse and physical altercations. They further alleged that bottles had been thrown from windows and women and girls had faced lewd comments.

Residents referred to a recent FIR involving a young woman who was allegedly found unconscious and injured in flat B-1001. However, whether that incident had any connection with short-term rentals remains under investigation and should not be treated as evidence against the alleged rental operators.

The residents also questioned the functioning of the RWA and made allegations of links between some individuals associated with the association and property operators. Those allegations have not been independently confirmed.

RWA president Reena Patnaik denied supporting Airbnb-style activity. She said, based on the information available to her, no such activity was taking place, that the RWA had never supported it and that a board prohibiting Airbnb activities had been installed. She also said the RWA would cooperate with police if concrete evidence of violations was provided.

UP changed its homestay limits in 2026

The starting point for the legal question is the Uttar Pradesh Bed & Breakfast and Homestay Policy 2025.

But there is an important update. The policy was amended in 2026. Under the revised framework, a homestay can have at least one and up to eight registered rooms, instead of the earlier limit of six rooms. The maximum capacity has also been raised to 16 beds. A residential building with more than eight rooms is not eligible for registration under the revised homestay/B&B framework.

For a homestay, the owner or the owner's family must reside in the property. This is important for an apartment owner who wants to list a flat as accommodation. Simply owning a flat and handing it over to short-stay guests does not, by itself, establish that the property qualifies as a homestay under the state policy.

The revised policy also distinguishes a bed-and-breakfast arrangement. In that category, a caretaker must reside at the property, and up to eight rooms can be registered. A 16-bed dormitory can also qualify under the revised framework. Leased residential buildings have additional conditions, including a minimum three-year lease under the amended provisions.

The original policy had permitted one to six rooms and up to 12 beds, with tourist stays described as being available for up to seven consecutive days. That was the position when the scheme was launched in June 2025, but the room and bed limits were subsequently changed in 2026.

Does the law allow a residential flat to be used as a homestay?

The answer is broadly yes, subject to the applicable conditions.

The UP Building Construction and Development Byelaws 2025 recognise "Homestay or Paying Guest" as a residential use. The byelaws describe such premises as residential premises of local citizens or hosts offered or shared with visitors for hospitality and lodging.

The 2025 byelaws also state that no separate permission is required for use of residential buildings as "homestays, paying guest accommodation", provided adequate parking requirements are provided.

That provision is significant because it means a residential property is not automatically barred from being used as a homestay simply because it is residential.

However, it does not mean every Airbnb-style listing automatically qualifies.

Apartment society rules still matter

The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 is also relevant.

Section 6 says an apartment owner must comply with the applicable bye-laws and with the covenants, conditions and restrictions contained in the deed of apartment. Failure to comply can lead to action for damages or injunctive relief. The Act remains in force.

The Act also provides for an Association of Apartment Owners and its bye-laws. The government has separately issued model bye-laws under the Act.

This means an owner cannot assume that obtaining tourism registration automatically overrides every restriction applicable to the apartment. The property's declaration, deed and society bye-laws have to be examined separately.

So, if a particular Windsor Park flat is being operated as a short-stay unit, authorities would need to examine whether it meets the current homestay/B&B requirements and whether the use complies with the applicable apartment and local rules.

What about hourly Airbnb stays?

This is the most important distinction in the Ghaziabad dispute.

The current UP framework does not appear to contain a blanket provision saying every short stay or every Airbnb booking below 24 hours is automatically illegal. Therefore, it would be inaccurate to state that hourly Airbnb rentals are illegal across Uttar Pradesh.

At the same time, calling a property a "homestay" on a booking platform does not itself make the operation a registered homestay.

For a disputed hourly rental, authorities would have to look at the actual operation, including whether the owner or family resides there where required, whether the unit is registered under the applicable policy, whether it falls within the eight-room and 16-bed limits, whether required records and safety conditions are being met, and whether the apartment's own bye-laws permit the use.

That is why the legal question in Windsor Park is ultimately not simply whether Airbnb is legal in Uttar Pradesh. It is whether the particular flats allegedly being used for short stays satisfy the state's current accommodation rules and the rules governing that residential society.

Residents have demanded records of tenants, rent agreements and police verification and have sought action against units if violations are established. The RWA, meanwhile, says it does not support such activity and has offered to cooperate with authorities if concrete evidence is produced.

For now, the allegations about individual flats remain allegations. The legal position is clearer: UP permits regulated homestay and paying-guest use of residential premises, but an owner must satisfy the applicable tourism, building, apartment and local requirements. An unrestricted hotel-like or hourly operation cannot simply be assumed to qualify as a lawful homestay.