builder cannot sell car parking slots as it forms part of common areas for benfit of all members
2) since completion certifcate has not been issued by the authorities builder should register his project with RERA
Can builder charge car parking spaces to apartment buyers?
Parking space is located at the common basement area of the Buildings. There are 5 buildings. Society is not yet formed as we still don't have Project OC yet. However, individual blocks have got Conditional/Partial OC. Builder had charged few lakhs separately from each buyer for covered parking and had given an allotment letter in the Company Letterhead. As per the Supreme Court and a District Consumer Court in order:- ""The stilt parking space is a common parking area available and the developer is obliged to provide the same under the DCR (Development Control Regulations) when the carpet area of the flat is 350 sq. meters It is not an additional premises/area that he is authorized to sell either to flat purchaser or any outsider. It is part and parcel of the Society building and it cannot be a separate premises available for sale. As soon as the Corporation issues the occupation certificate and the Society is registered, the building as well as the stilt parking spaces, open spaces and all common amenities become the property of the Society." As per recently (1st May 2017) enacted RERA 2016 Act, "common basement" falls under "common areas" and thus it can't be sold. Please confirm Definition of ongoing projects in order to come under the purview of RERA Act: "Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act:" - Since we don't have Project OC or CC issued by BDA/BBMP yet, it qualifies to be cconsidered as "Ongoing Project". Please confirm
Asked 7 years ago in Property Law
Religion: Hindu
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1. What are the necessary conditions to establish that "common basement" which is used as "covered car parking space" in my Apartment complex is actually part of "common area"? 2. Is it expected that BDA/BBMP (Begaluru Development Authority/Bruhat Bengaluru Mahanagara Palike) which is the competent authority who had issued all the required Approvals for this Apartment Complex in the past including block wise OCs, will issue a OC or Completion Certificate for the complete residential project comprising of all the building, structures, installations, STP, OWC, Rainwater Harvesting etc and park, club hoouse, swimming pool and all amenities by verifying the approved plan? Or is it only the block wise OCs and can this be considered as Completion Certificate of this Residential Project?
Asked 7 years ago
RERA section 2( n)defines common areas, among various other things also include “the common basements, terraces, parks, play areas, open parking areas and common storage spaces.”
2) BBMP would issue OC or CC after verifying that construction has been done as per approved plan
Definition of ongoing projects in order to come under the purview of RERA Act: "Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act:" - Since we don't have Project OC or CC issued by BDA/BBMP yet, it qualifies to be cconsidered as "Ongoing Project".
The completions of construction and handing over possession with OC and registration on the individual name shall be continuous process.
Thus after receiving OC and getting the flat registered in the individual name the project is said to be completed. Thus present status of your flats can be considered as ongoing since you have not received OC ( or at least the partial OC).
1. There are several types of parking in residential buildings, such as stilt parking and basement parking and more. There are no conditions required to using the common basement as covered parking are if the same is being mentioned in the approved master plan of the building premises.
2. The authorities will inspect each and every aspect with regard to issue of OC. The amenities and other facilities as provided by the builder as per the approved plan shall have to be ensured before issue of OC, the authorities will take care of such issues. The partial OC has nothing to with this.
The authorities will issue final OC after confirmation and ensuring all the facilities