Before Formation Of Society Why Builder Can Not Allot Parking ?
Because builder/developer/promoter are entitle to deal with the FSI, not about the space which is not considered in FSI. When the flat purchaser comes in Sathe Khat or/ Agreement to Sell (which must have to register under MOFA/ Apartment Act) with the builder and pay the money to builder, builder can not alter/change project plan. There are clear liabilities defined in both (MOFA/Apartment Act) laws for Builders and purchaser. There is clear difference defined in flat and apartment in respective law.
Even when society is not formed or registered when a flat owner want to sell his flat he has to approach the builder for NOC.
Once builder got the completion certificate and occupancy certificate from respective authority, he is suppose to give possession of flat to purchaser if purchaser have paid the money as decided in agreement to sell. As per the MOFA and Model Agreement builder must have to form housing society as soon as minimum number of flat owners took possession to form society. Once society is formed builders must transfer all his titles/rights to society, if there is any non utilize FSI that also have to transfer to society.
Forming society is not the only sufficient but builder have to execute conveyance deed.
builder has to allot parking space according to the size of the flat as per dc rule 36, for example for one 3bhk flat builder has to allot one parking space compulsory , for two 2bhk flat builder has to allot one parking space and for four 1bhk flat builder has to allot one parking space, but builder do not follow this norms and if builder has allotted parking space for consideration of money then it is totally illegal it means you have legally bribed the builder to get the parking space from the builder and if now society is depriving you the right to park the vehicle then society has right to do so.because builder cannot sell parking space open or stilt.
Builder does not have any right to sale or allot parking lots.
It is nothing like builder can allot car park to 2 bhk or 3 bhk as per dc rule.
It’s clearly drafted that the parking lots sanctioned by Corporation and not by BUILDER to any project is depending upon the flat size.
The corporation gives some X number of parking lots and after words it’s society’s duty and right to allot parking to it’s member as per their policy of parking.
Now, the question is does society have to approve or agree the parking allotment done by builder?
Ans: NO, it’s totally depends on society to accept or reject the allotment. It’s not binding on society to accept parking lots as they are.