• Can parking be sold by builders?

  as i am planning to by an apartment by builder, in Noida UP to be completed by Oct 2014
i want your prudent opinion about this issue, 
 In fact there was an article in "Financial times New Delhi Thursday , January 09, 2014 ,on the basis of which i am seeking your advice.
The article on page 2 goes as under:-
           Parking-Do'nt  be taken for a ride by the developer
According to High court advocate Ravi Goenka -car parking and  open terraces are part of the society's common area.They are not part of floor space index allotted to the
developer. Hence he has no right to charge any money for this space. Developer can only sell this space, if they can prove that they have used the FSI allotted to them to develop it.
     The legal precedence comes from a 2010 supreme Court ruling ,which stated that buyers need not to pay extra money to parking spaces,either open or closed, from property developers. The  judgement delivered by Justices  R M Lodha and A K Patnaik rejected the real estate development firm Nahal chand Lalu Chand's argument that that they were entitled to sell garages and stilt parking areas separately.
   According to the ruling ,
 "stilt parking spaces do not cease to be a part of the common area and facilities merely because the promoter has not described them as such in the agreement with the flat purchaser. The promoter has no right to sell any portion of the building which is not a flat."
  However  the seller's Manager says this is Not applicable in Noida. you have to buy it.
 Please guide.
 A K Kaushik
Asked 9 years ago in Property Law

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2 Answers

builder has no powers to sell parking slots as per supreme court judgement . it forms part of common area for benefit of all flat owners and cannot be sold by builder . refuse to pay for car parking

Ajay Sethi
Advocate, Mumbai
90352 Answers
6615 Consultations

5.0 on 5.0

Builder cannot sell the parking place as it is a part of common area which has to be used commonly by all the flat owners.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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