• Can I buy additional car parking and register it

Respect Sir, 
 I have registered my flat already with one car parking and now I plan to buy additional parking, can i register additional car parking seperately? Please note that this property is still under construction.

Thanks
Praveen
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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13 Answers

Sir under RERA, a developer can sell a garage(close with 3 walls and covered parkings can be only sold) but not a parking since it is part of the apartment and a common area.

So kindly clarify what kind of parking it is??

Secondly builder has no right to sell open parking spaces forming part of common area.

The RERA or Real Estate (regulation and development), Act, 2016, under section 2(y) defines ‘garage’ as a place within a project having a roof and walls on three sides for parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas.

So if builder has made a garage he can sell that has no right selling the open parking.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. yes you can

2. just check the sanctioned plans for the number of car parks that have been sanctioned and that the car park space which you intend to buy is reflecting and showing in the sanctioned plans

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

3. also check the total number of flats which are approved for construction

4. the car parkings should be more than the total number of flats

5. if that is not the case, then you may have society issues later on

6. under RERA regime, the car parks can be sold by the builder. but logically thinking, it cannot be that a single buyer purchases multiple car parks leaving none for some buyers. that cannot be the intent of the legislation

7. suppose there are 100 sanctioned flats and corresponding 100 sanctioned car parks. then if one buyer purchases multiple car parks, say 3 nos., then that would prejudice 3 flat buyers out of the total 100, who also wish to buy car parking. In this example i assume that flat buyers would be interested in buying the car parking, which is a reality of city life nowadays

8. yes but if there are 100 approved flats and as against that there are 120 car parks approved by the authority, then the buyer can always opt to buy additional car parks from the surplus, since this will not prejudice any other potential buyer who also wishes to buy car park

9. so just consider this aspect before buying so that few disgruntled buyers who did not buy any car parks should not claim car parking space from the society from those buyers who have multiple car parks

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

1) builder cannot sell car parking slots as it forms part of common areas for benefit of all members

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Yes you can buy and register this additional covered parking but consider this fact that these parking are extra and all residents have already there parking spaces.

If the parking space in society is not sufficient for others they can raise issue.so in case all get there default parking and this is extra.go ahead buy it it will a garage as defined under rera act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If there are more spare parkings and builder is offering on payment, than u can buy.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can do the following:

1. You will be required to ask the builder to ask for extra parking space;

2. You can execute the same, but you will not be able to register it;

3. You can notarise the agreement;

4. It is better you purchase this separately from the rowhouse agreement;

5. Also make sure that, the municipal authority allows/permits you to purchase an additional car parking.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If property is under construction then no need to execute a separate date for additional parking space.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. CAR Parking spaces are usually NON-FSI spaces, which CANNOT be Sold /Purchased.

2. NON-FSI spaces CANNOT be registered in any manner and shall have no Title-Rights, to the exception of tentative USAGE rights only.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Single car parking is a part of sale deed by the Builder but a separate car parking is not registered by the builders but normal position is given by the Builder through documentation

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Yes, as if it is not the part of the prior agreement.

It can be sold separately or we can also amend the agreement or sale deed with the leave of Tegistrat plus in the presence of both the parties.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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.

Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body.

If there are additional car parking space available and the society decides to levy charges for allotting the additional car parking space to you, then as per bye law of the association,. this may be decided.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

this is Gated community and property type is Rowhouse, builder has already made an approved plan for few extra car parkings with in the gated community, one car prking at the end of each row, this car parking will have covered with 3 walls and a roof.

In case if I have to buy this can i register this seperately?

Car parking space cannot be sold as a separate unit or a builder is not authorized to sell parking spaces as individual real estate units.

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.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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