I have been allotted one podium parking (basement parking) and it is included in the sale feed for a 3 BHK flat in a society in Thane, Maharashtra. Builder has been giving 2 parking to 3 BHK flats and one parking to 2 BHK flats. The builder is allotting me 2nd car parking in open space. I would like to know whether 1) Builder can allot car parking in open space. 2) If yes, whether CHS (yet to be formed) can cancel it later calling it illegal. 3) What if Builder allots me a stilt parking, whether society can cancel that too. 4) whether it is necessary to register the 2nd car parking space, whether open or stilt as the sale deed of flat with one basement parking is already registered.
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1. The rights and duties would flow out of the agreement or the sale deed. So without perusal of the sale deed and agreement to sell it is not possible to advise.
2. The society can make a fresh allotment of the car parking, but it cannot be done in an arbitrary manner. You can file a suit for injunction against society if it attempts to overthrow in an arbitrary manner the allotment already made by the builder.
3. Car parking is not registered.
1. yes, it can but he cannot take any money for giving open parking space.
2.No
3.No
4. 2nd parking space is not permissible unless parking space after giving each flat owners remains excess in the basement.
1) builder can allot car parking slots but cannot sell the parking slots
2) society can reallot the car parking slots
3) society can cancel stilt car parking slots
4) regsitration of 2nd parking space is not required
Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
The apartment complex “Solely” owns the common spaces (Stilt or Open)
The members DO NOT own these spaces
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members.
The registration of car parking alone cannot be done separately because it cannot be sold as a separate unit.
Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body .
