I am a resident of Indirapuram. It's a builder flat. It's a 2 storey building with 3 flats on each floor. We have also been provided with an underground parking. My queries are as follows- 1) the builder plans to sell the ground floor as commercial property though on papers will be as residence property. Does the builder need an NOC from other flat owners to do so? 2) considering that there are only 7 residential flats and 2 residential to be sold as commercial place, how many parking slots is he entitled to sell? 3) the builder has converted his 25% of the portion into an office in the basement parking lot. Thus can he sell the same to someone else with another parking slot? 4) can the other residents have a say in the kind of commercial business the new buyer plans to run? Thanks Deepika
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If in the initial project it was not mentioned anywhere that there will be a commercial complex then the builder will have to obtain NOC from all the residents of the building.
Permission has to be taken from the residents association, in absence of the same same permission is required to be sought from the flat owners.
Regards
Hii, the builder cannot sell as a commercial property if he has not obtained permission from the concerned authorities.. Similarly the basement is a common area and comes under the super built up area.. It cannot be used by him for commercial purposes.. You can file a complaint in the RERA or consumer courts
1) builder cannot sell residential property as commercial as it would be contravention of the building plans sanctioned
2) he would need approval of muncipal corporation and other flat owners to sell it as commercial
3) builder can only allot car parking slots cannot sell them
4)conversion of parking slot into office is illegal
5) dont give your consent for running commercial business in residential slot
The builder cannot convert the residential property to commercial property even with the NOC of the other member owners of the premises.
The discretion to convert a residential plot to a commercial plot is with development/competent authorities in the local. The builder has to obtain permission from them and after the approval he may convert the same into commercial.
As a member you can raise objection to this, if you have any.
Parking slots cannot be sold, there are various rules objecting the selling of parking slots.
In any case the apartments have to get a parking space each besides, the commercial flats can be allotted with the remaining parking slots each one.
The builder cannot use the parking space for the purpose of office, this is objectionable because the common areas belong to all the members of the society and the builder cannot sell the parking space or convert any space for his own office use.
The other residents can object to the commercial activities in the residential area
