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Coworking Seat or Cabin Agreement

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Also called

  • Coworking Membership Agreement
  • Coworking Seat Licence
  • Shared Office Space Agreement
  • Desk Licence Agreement
  • Hot Desk Agreement
  • Dedicated Desk Agreement
  • Private Cabin Licence Agreement
  • Managed Workspace Membership Agreement

When you need it

A monthly-fee seat, desk, cabin or office in a managed centre — a s.52 Easements Act licence: operator keeps possession, member gets relocatable-space use, no interest passes. Capped at eleven months, renewing monthly. Not for a self-contained exclusive unit (a lease in substance); a whole floor, retail or industrial space, anything residential, or over eleven months; or the registered-office NOC.

Whether you can fill this in here

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You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

A true licence has no dedicated stamp article in most states, and Punjab and Chandigarh have none that we have verified. The Sub-Registrar may stamp it under the residuary agreement article at a small fixed amount, but only while it is genuinely a licence; read as a lease in substance, ad valorem duty applies (Article 35/36). No family concession. Confirm the current article and rate with the Sub-Registrar or the e-stamping portal before you buy the stamp.

Registration

A true licence creates no interest, so section 17(1)(d) of the Registration Act, 1908 (leases from year to year or over a year) does not catch it, hence the eleven-month cap. Section 107 of the Transfer of Property Act mirrors this. Lease or licence in Punjab and Chandigarh: the label does not decide it. A lease (section 105, Transfer of Property Act, 1882) passes an interest in the premises; a licence (section 52, Indian Easements Act, 1882) is bare permission to use and passes none. Courts look at the substance, mainly exclusive possession and what the parties really intended. If the arrangement is in substance a lease, calling it a licence does not keep it outside the rent Acts (the East Punjab Urban Rent Restriction Act, 1949 in Chandigarh and for Punjab lettings made before 30 November 2013, or the Punjab Rent Act, 1995 for Punjab lettings made on or after that date), and a lease of more than a year must be registered. Leave and licence is a Maharashtra statutory term with no special standing in Punjab or Chandigarh. If it is later read as a lease exceeding a year, section 49 makes an unregistered document inadmissible.

Notarisation

Not required — valid on signature and stamping; cures neither under-stamping nor absent registration. Useful only on collateral documents: the Operator's registered-office/GST NOC is accepted more readily when notarised. Aadhaar e-signing works between parties, not for registration.

Witnesses

None legally required; two conventional: adults, not parties, no interest, full name/parentage/address/ID. The Operator's authorised signatory needs board resolution/partnership authority attached; its absence surfaces when the NOC is later challenged. If the document is registered, both parties plus two witnesses attend the Sub-Registrar with photo ID.

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Sample preview — placeholder answers, not your data

COWORKING SEAT AND CABIN LICENCE AGREEMENT

A licence to use workspace, granted under section 52 of the Indian Easements Act, 1882. This Agreement does not create a lease, a tenancy, or any estate or interest in immovable property.

This Agreement is made at Mohali, Punjab on 1 April 2026.

BETWEEN

Novo Workspaces Private Limited, a private limited company incorporated under the Companies Act, 2013, bearing registration number U74999KA2018PTC112233, having its registered or principal office at X, GSTIN 29AABCU9603R1ZM (the "Operator", which expression includes its successors and permitted assigns);

AND

Harbourline Analytics LLP, an individual, bearing registration or PAN number X, having its address at X, GSTIN X, contactable at X, acting through its authorised signatory X (the "Member", which expression includes its successors and permitted assigns).

The Operator and the Member are each a "Party" and together the "Parties".

RECITALS

A. The Operator operates a shared serviced workspace known as Novo Works, Indiranagar at X (the "Centre"), at which it provides workspace and associated facilities to a number of users at the same time.

B. The Operator is in possession and control of the whole Centre and manages it as a single serviced facility. It has not agreed, and does not agree by this Agreement, to part with possession of any part of it.

C. The Member wishes to use workspace at the Centre on the terms recorded below, and the Operator is willing to permit that use.

NOW IT IS AGREED AS FOLLOWS:

1. NATURE OF THIS AGREEMENT

1.1 This Agreement grants the Member a personal, non-exclusive and non-transferable licence to use the Workspace and the shared facilities of the Centre during the Access Hours. It does not grant a lease, tenancy, sub-tenancy, or any estate or interest in the Centre or any part of it.

1.2 The Operator retains legal possession and control of the whole Centre, including the Workspace. The Operator and its staff may enter any part of the Centre at any time for security, cleaning, maintenance, inspection, safety or statutory compliance. No part of the Centre is delivered into the exclusive possession of the Member.

1.3 The Member acknowledges that it may be relocated within the Centre under Clause 9, that it holds no right to any particular desk, cabin or suite beyond what this Agreement gives it, and that the Parties do not intend rent control or tenancy protection legislation to apply to this arrangement.

1.4 If any provision of this Agreement is capable of being read as creating a tenancy, it shall be read down so as to give effect to Clauses 1.1 and 1.2. The Parties record that the substance of their bargain, and not the label on this document, will determine its character in law, and that they have drafted this Agreement so that the substance and the label agree.

What this document is for

A freelancer, small team or company that wants a ready-to-use desk, cabin or office in a managed coworking centre uses this — a monthly-fee licence to use the workspace, capped at eleven months so it stays a licence rather than a registrable lease. The operator running the centre keeps legal possession and control throughout; the member gets the right to use the space, not an interest in the property.

It fixes the monthly fee and what it includes, the seat or cabin allotted and how many people may use it, access hours, the security deposit, the notice period to leave, and whether — and how — the member may use the centre’s address for its GST registration or as its registered office.

Before you use this — the eleven-month cap is what keeps it a licence

This document only stays a licence, with the lighter stamp duty and no compulsory registration that follow from that, if the member genuinely does not get exclusive possession — the operator keeps real access, can relocate the member, and the arrangement does not run past eleven months without a fresh agreement. A private, lockable cabin the operator never enters, held for a long period on a large deposit, is the fact pattern most likely to be read as a lease however this document is titled, and that changes the stamp duty, can make registration compulsory, and can bring a state rent-control law into play.

The label does not decide it in Punjab or Chandigarh. In Punjab and Chandigarh the label does not decide whether this is a licence or a lease. A lease (section 105, Transfer of Property Act, 1882) gives the occupant an interest in the premises; a licence (section 52, Indian Easements Act, 1882) is only permission to use and gives none. A court looks at the substance, mainly whether the occupant has exclusive possession and what the parties really intended. If it is in substance a lease, calling it a licence does not keep it outside the rent Acts (the East Punjab Urban Rent Restriction Act, 1949 in Chandigarh and for Punjab lettings made before 30 November 2013, or the Punjab Rent Act, 1995 for later Punjab lettings), and a lease of more than a year must be registered. Leave and licence is a Maharashtra statutory concept with no special standing in Punjab or Chandigarh. A private cabin or suite is much more likely to be read as a lease than an open-plan hot desk.

Stamp paper and registration

Stamp paper needed

Yes

Typical stamp duty — Punjab

Ask us — Punjab and Chandigarh have no separate leave-and-licence stamp article that we have verified, so a genuine licence may fall under the small, fixed residuary agreement article, and one read as a lease is charged on the lease bands. Confirm the current position with the SHCIL counter or Sub-Registrar before signing.

Typical stamp duty — Chandigarh

Ask us — Same reason as Punjab: this template has not been localised to Chandigarh, and the fee depends on which article the state schedule actually uses for a coworking licence, so confirm it locally.

Registration at the Sub-Registrar

Depends — Not compulsory for a genuine licence, because it transfers no interest, which is also why this template caps the term at eleven months. If a private cabin is read as a lease of more than a year, an unregistered document is inadmissible to prove its terms, so take advice before using this for a long or repeatedly renewed cabin.

Notary or witnesses

No notary required by law — it is useful mainly for the operator’s own registered-office or GST no-objection certificate, which is accepted more readily when notarised. Two witnesses are conventional though not compulsory; the operator’s signatory should have a board resolution or partnership authority on file, since it is what gets asked for if the address NOC is later challenged.

What you will need before you start

  • Both parties' constitution and registration or PAN details, and the member's signatory where it is not an individual
  • The state the centre is in, since it decides the stamp article and the registration position
  • What kind of workspace is being taken — a hot desk, a dedicated desk, a team cluster, a private cabin or a private office suite — and how many people may use it
  • The monthly fee, whether it is GST-inclusive, the security deposit and the refund period
  • Whether the member wants to use the centre's address for GST registration or as its registered office, since the operator has to agree to that separately and may charge for it

Common mistakes

  • Treating the eleven-month cap as a formality rather than the fact that keeps this a licence — running the same arrangement past that period, or into a private cabin the operator never actually enters, risks it being read as a lease.
  • Assuming the centre’s address can be used for GST registration or as a registered office by default — the operator has to agree to this specifically, and may charge an annual fee for the no-objection certificates it involves.
  • Not checking the operator’s own right to run the centre — if the operator holds the building on a lease or management agreement that does not permit sub-licensing seats, a member’s own agreement can be put at risk if that head arrangement ends.

Questions people ask before using this document

Why is the term of a coworking agreement always capped at eleven months?

To keep the arrangement clear of the point at which a periodic tenancy or a lease becomes compulsorily registrable under section 17(1)(d) of the Registration Act, 1908. Keeping the initial term at eleven months or less, with month-to-month or capped renewal after that, is what lets this document work as a straightforward licence rather than needing the registration and higher duty a longer lease would attract.

Can the operator move a member to a different desk or cabin?

In most coworking arrangements, yes — the operator keeping that kind of control is part of what keeps the arrangement a licence rather than a lease in the first place. A desk or cabin number recorded in the agreement is administrative rather than a guarantee of that exact spot for the whole term, so check the workspace-type and access terms rather than assuming a named seat is fixed.

Can a coworking member register their company at the centre’s address?

Only to the extent this agreement says so. The permission ranges from full use for both a registered office under the Companies Act, 2013 and GST registration, down to GST registration only, correspondence only, or no statutory use of the address at all — and the operator may charge a separate annual fee for the no-objection certificates involved. Confirm which level applies before relying on the address for a filing.

Is GST charged on the coworking fee, and at what rate?

A coworking fee is usually supplied as a bundle of workspace and services rather than a pure renting of property, and that classification affects the applicable rate and, where the operator is unregistered, the reverse-charge position. This agreement records whether the fee is GST-inclusive or exclusive, but the underlying classification and rate should be confirmed with the operator’s own registration status in mind.

What happens to the deposit and any unused credits when a member leaves?

The deposit is refundable within the period this agreement fixes, after any deductions the agreement allows are itemised. Unused allowances such as meeting-room hours, printing credits or guest visits are ordinarily lost rather than refunded or carried over unless the agreement says otherwise, so check the specific inclusions before assuming they convert to cash.

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