Dear sir, we have purchased a flat in 2003 in gurgaon haryana and have been living in it since .Our complex has around 300 BASEMENT parkings However to use those one has to purchase a parking(basement) and we have not purchased a basement parking hence, we have been parking in the open parking which are around 60 in number and free and can be used as first come first serve basis. now the society will come under the RWA within a few months. so my question is can they charge me monthly rental to park my one and only car in the open parking or disallow me to park my only car in the open parking by alloting it to anybody else? there are 5 basement parkings left at a cost of 3.5 lakh. is it advisable to buy a basement parking? what is the apartment rule with regard to car parking of the first car all over india? even the parking of the first car has to be purchased??
1) association can charge you for parking car
In common areas
2) association can allot car parking slots by drawing of lots
3) builder cannot sell car parking slots but the law is flouted with impunity by the builders
4) society has to draw lots in allotment of car parking slots and can charge flat owners for allotment
You have to purchase a property alongwith the apartment and even that depends on the BBA at times the builder includes the cost of one parking in the cost of apartment only. Therefore, if you have not paid for parking and later there comes a condition that you have to buy a parking then you can not skip the same.
Regards
SIR, I KNOW that stilt and open parking cannot be sold as per the supreme court ruling in 2010. however, can basement parkings be sold? second question is when we purchase an apartment, does the builder have to provide a parking per apartment. if so , is this parking free of cost or even the first car park has to be bought? also are there any new parking rules under rera?
1. Since parking in open is considered to be stilt parking it is aprt of common passage and ehcne no rent can be claimed on this.
2.So if you are allotted with one such parking space the society cannot reject the same anymore or it can change rent for this.
3.if it does you can challenge this act beofre the office of the registrar of cooperative society.
Basement parking cannot be sold by builder
2) when building plans are sanctioned municipal corporation also sanctions plans for parking slots
3) builder can allot car parking slots but cannot sell car parking slots
4) Real Estate (Regulation and development), Act, 2016 (RERA) clearly defines that parking will be part of the common area which includes the staircase, lift, lobby area, parks, open parking area, basement and common storage spaces
5) under RERA, a developer can sell a garage but not a parking since it is part of the apartment and a common area.s. It also defines a garage to mean a place within a project having a roof and walls on three sides for parking any vehicle
As per rera no perticular provision for parking is introduced ..builder has to provide basic amenities such as parking per apartment, however if you have not purchased it , you can park your car in the open area..RWA rules are subjected to residents interest ..
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. In recent times, developers and builders charge anywhere in between Rs. 2 lakhs to Rs. 15 lakhs for dedicated parking spots, which at times are more than the value of the vehicle itself. If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units.
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
Registered members include family members and associate members
SIR, I KNOW that stilt and open parking cannot be sold as per the supreme court ruling in 2010. however, can basement parkings be sold? second question is when we purchase an apartment, does the builder have to provide a parking per apartment. if so , is this parking free of cost or even the first car park has to be bought? also are there any new parking rules under rera?
the Real Estate (Regulation and development), Act, 2016 (RERA) clearly defines that parking will be part of the common area which includes the staircase, lift, lobby area, parks, open parking area, basement and common storage spaces.
Some newly formatted agreements to a sale being readied by developers after RERA also clearly state that the allottee shall have an undivided proportionate share in the common areas and that the parking shall be treated as a single indivisible unit for all purposes. Many of these agreements follow the agreement to sale template notified by the ministry of housing and urban poverty alleviation for union territories.
A builder has to provide a certain number of parking spaces basis the number of units of houses.
When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”