• Car parking

Our building is going for redevlopment. our new builder offered one parking per flat in new building. our carpet area is 650 sq ft to 700 sqft and after redevlopment area will be 950 sq ft to 1000sqft. our few members insist that builder should give us 2 parking per flat.please let us know legally how much car parking we can expect from builder.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) each flat owner would be entitled to only one car parking slot

2) if there are more slots available then builder can allot additional car parking slots

Ajay Sethi
Advocate, Mumbai
95533 Answers
7656 Consultations

5.0 on 5.0

1) please note that builder cannot sell car parking slots

2) builder can merely allot car parking slot

3) if 17 storey building is being constructed builder has to allot car parking slots to all flat owners failing which he would not be able to sell the flats

Ajay Sethi
Advocate, Mumbai
95533 Answers
7656 Consultations

5.0 on 5.0

The builder cannot allot car parking separately.

A builder has to provide free parking space in accordance with the provisions of the development control regulations (DCR).

As per the latest news from Maharashtra government:

People living in bigger flats nowadays own more than one car and hence the government has mandated parking space for more than one car in such flat schemes. For residential tenements having carpet area of more than 150 square meter (1,615 sq ft), the builder will have to provide parking space for three cars per flat instead of the earlier one. For residential tenements having carpet area between 80 square meter (861 sq ft) and 150 square meter (1615 sq ft), the builder will have to provide a parking space for two cars per flat.

Therefore there is nothing wrong in members seeking two parking spaces in the redeveloped flats with increased carpet area.

T Kalaiselvan
Advocate, Vellore
85734 Answers
2266 Consultations

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CURRENTLY OUR BUILDING IS GROUND + 3 STORY. NOW NEW BUILDING WILL BE 17 FLOOR. CAN WE INSIST TO BUILDER TO GIVE US 2 PARKING TO OLD MEMBERS OF SOCIETY.

There is nothing wrong in making a representation demanding two parking spaces, let the builder reject the same quoting the rule, and if it is genuine you may ignore the demand or can proceed agaisnt this if it is found to be feasible.

T Kalaiselvan
Advocate, Vellore
85734 Answers
2266 Consultations

5.0 on 5.0

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