• Covered car parking in a residential apartment

Hi,

I have purchased a flat in a residential apartment in Bangalore. This comes under jurisdiction of BMRDA (Bangalore Metropolitan Region Development Authority - http://www.bmrda.kar.nic.in/)

I have been given a covered car parking whose width is not sufficient. I want to know, whether is there any law/rule as per BMRDA guidelines about minimum parking dimensions.

If there is, can I legally bind the builder to provide ample parking space?

Thanks so much in advance,
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

There is no specific measurements for providing parking space.

However the measurement must be enough to accommodate a standard size car.

So if you can't park your car then you can ask for suitable parking space in default of which you can file case before the consumer forum seeking compensation or refund of your money.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

As per master plan provisional framed by BMRDA

For parking in Magadhi local planning area

Multi?family residential

a. 2 tenements each having area less than 50 sq m

b. 1 tenement exceeding area of 50 sq

c. 10% of additional parking shall be kept for visitor’s car parking

Off?street parking space shall be provided with adequate vehicular access to a Street and the area of drive aisles subject to a minimum of 3.50 m and such other provision required for adequate manoeuvring of vehicles shall be exclusive of the parking spaces

stipulated in these Zonal Regulations.

The parking spaces shall be provided in:

First basement for plots up to 1000 sq m and second basement shall be permissible for plots more than 1000 sq m.

Stilt floor or in upper floors (at any level.)

Car parking can be provided in the set back areas provided; a minimum of 3.0 m is left free from the building. In case of buildings having a height of less than 15.0 m and a minimum of 8.0m in case of buildings having a height of 15.0 m and above.

The other aspects for providing parking spaces are:

Common and continuous cellar parking floors between adjoining blocks would be allowed depending upon structural safety aspects.

The parking spaces should be efficiently designed and clearly marked and provided with adequate access, aisle, drives and ramps required for manoeuvring of vehicles.

Stilt floor/Cellar parking floor shall be used only for parking and not for any habitation purpose. Misuse of the area specified for parking of vehicles for any other use shall be summarily demolished / removed by the Enforcement Authority.

For parking spaces in second basement and upper storey’s of parking floors, at least two ramps of minimum 3.5 m width or one ramp of minimum 5.4 m width and maximum slope of 1:8 shall be provided.

Basement / cellar shall be permitted to extend in the setback area except the front setback after leaving a minimum of 1.5 m from the property line.

A maximum of three basements in the case of 3?Star Hotels and above can be permitted for parking and services

Every basement storey shall be at least 2.4 m in height from the floor to the bottom of the roof slab / beam / ceiling (whichever is less) and this height of basement floor shall not exceed 2.75 m

The basement storey shall not be projected more than 1.20 m above the average ground level

When Multilevel Car Parking (MLCP) is proposed on a plot as independent activity, there shall not be any limitation for FAR or height of the building subject to condition that they satisfy Fire and Airport Authority restrictions wherever applicable.

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Sir......

please go through the housing society act.....which is applicable.....on all the builders......if in contract there is covered parking space is mention ......then builder is .......legally bound..

Take Care

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

As pe Zoning regulations RMP 2015, the specification for parking space shall be :

) Parking provision on multi level or on any number of floors:

i) Access Ramps, elevators, escalators to the upper floors or terrace floor shall not be

provided in the setback area and ramps to be within the plinth area of the building

and shall be exempt from FAR calculation.

ii) Car Parking shall not be provided in the setback areas. If provided, a minimum of 3.0

m shall be left free from the building in case of G+3 buildings and a minimum of 6.0

m in case of buildings which are G+4 or more.

iii) When Multi Level Car Parking (MLCP) is proposed on a plot as independent

activity, there shall not be any limitation for FAR or height of building subject to

condition that they satisfy fire and airport authority restrictions where ever

applicable.

If the parking space provided to you do not meet the specification as laid down in the regulations or rules for this purpose you may take up the matter with builder and ask him to sort it out as per the provisions of law governing this subject, if he is not cooperating or refusing to do, the you may look for legal options against the builder.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

The rules of BMRDA can be thrown light on only by a Bangalore based lawyer, but if the measurement of car parking is what the builder promised in his agreement then the sufficiency or lack of it does not give rise to an actionable claim.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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