Our society has a podium garden (It is at the same level as the 1st floor). Below the garden, there is car parking area. 1) What kind of car parking is this? Open, closed or stilt? 2) Is it legal to sell this car parking? 3) If it is legal, then why builder is accepting only cash, not paying receipts, did not announce to ALL the society members beforehand of the sale and doing the sale quietly? 4) How are the car parking rates determined, because builder is asking huge amounts.
Sir if the individual parking doesn't have three walls and roof it cannot be sold. Further the podium garden area falls with the preview of the common area of the society so the builder has no power to sell it , therefore it is common area and stilt parking and cannot be sold.
no it is not legal to sell this parking.
the society after its formation can allot these parking on there wish. Further the allotment or sell by builder can be set aside.
1. it is called stilt parking.
2. Stilt parking can be allotted for parking cars of the flat owners but it can not sold in lieu of consideration.
3. It is illegal to sell stilt parking and hence the builder is not ready to document the sale by giving the receipt.
4. Do not pay him any money. Stilt parking space is considered to be part of common space only and hence it can not be sold. So file a case before the consumer forum if the builder refuses to allot a space to park the car in the stilt parking space.
1. Closed parking
2. depends on the sanctioned map.
3. If the builder is doing so then lodge a complaint against the builder in the consumer forum for unfair trade practice.
4. The same is determined as per the circle rate, go ahead and file a complaint in the consumer forum.
Regards
1) What kind of car parking is this? Open, closed or stilt?
Answer: This is stilt parking in the building. Please refer to the building plans of the building, a word might be mentioned there about the levels of parking;
2) Is it legal to sell this car parking?
Answer: The builder cannot sell parking. The society will have to issue a draw of lots wherein the parking will be allotted;
3) If it is legal, then why builder is accepting only cash, not paying receipts, did not announce to ALL the society members beforehand of the sale and doing the sale quietly?
Answer: It is very illegal. The fact that the builder is asking for cash is because it would be black money. The builder is wrong and doing illegal activities. Kindly rely on this link: https://accommodationtimes.com/rera-silent-on-sale-of-open-parking-space/
4) How are the car parking rates determined, because builder is asking huge amounts.
Answer: The builder cannot sell the parking space. The parking space is part of the common area of the building.
1. Stilt
2.it is illegal.
3/4.The Builder is taking the amount in cash because he is aware of the fact that only closed parkings can be sold. In the present case such parkings cannot be sold legally.
The parking that the Builder is selling is actually the open passage area of the society and under no circumstances can be sold as parking. Those parkings can be allotted by the society free of cost after the formation of the society board.
1. Covered car parking like stilt parking was not allowed to be sold before rera act came into force
2. After rera the covered car park can be sold by builder
3. Before and after rera, open cark parks cannot be sold as its a common area
4. To determine the type of car park below the garden, you will have to check the sanctioned building plans
5. Ask builder to show you the plans or apply to corporation
6. The plans will have denoted the kind of car park under query, which you wish to know
7. The sale rate of car park is decided by the builder
8. There is no government rate restricting the rate beyond which car park cannot be sold
9. Although the govt comes out with ready reckoner rates for stamp duty purposes
10. The calculation of market value for a car park is given in ready reckoner
11. It is generally 25% of the circle rate applicable for flats in the particular area
12. If project is under rera, then do not pay in cash for the car park because now covered and stilt car park can be sold
13. Never pay cash for open car park as that cannot be sold even after rera
Builder cannot sell car parking slots as it forms part of common area for benefit of all members
2) builder can merely allot car parking slots
3) refuse to pay any money in cash
Builder cannot sell parking space if the land belongs to society.
Podium parking is a Parking in which large buildings have some floors for parking. They are generally closed but not like stilt parking. As per the Supreme Court judgement parking space can't be sold but generally builders sell parking space and you can also sell the same. No it's not determined. As per the rera rules you can sell closed parking only with flats but you can't sell open parking
1. If it is not covered then it is open.
2. Sale of car parking is illegal.
3. The builder cannot sell the car parking space as a separate unit.
4. The selling of car parking is illegal. 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.
