• Buying additional parking space in an apartment

I have an apartment in Gurgaon and 1 parking space is allocated in the basement of the complex. I want to buy one more parking slot and the builder is ready to sell it as well. however I was told that the builder has no right to sell that parking as the basement parking is a part of the society common area. When I checked this with the Builder, they mentioned that since the flat registry has not happened yet, it will be mentioned in the registry
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

1. If it is indeed a part of common area then the builder can not sell it to any fat owner including you.

2. SO if he has sold from this area to various flat owners then he can sell to you as well.

3. Now it is to be seen whether he is selling an extra parking space at the cost of allocation of other flat owners.

4. if not then he can sell another parking space form the excess area remaining vacant.

5. the open slit parking space is considered to be a common area not the covered parking space.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello sir , you can ask for the layout map of the complex... If the area comes under the common area, then it cannot be used as a parking ... For further detailed guidance , you can visit my office in Gurgaon ...Also provide the builder buyer agreement for detailed consultation

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Real Estate ( Regulation and Development) Act 2016 is silent on sale of parking space separately. Although it has defined the parking space, garage and other parking facilities like sacks and elevators, but it is silent on sale of such amenities separately. According to Supreme Court in the case of Nihalchand laloochand P Ltd, parking is amenity attached to apartment hence cannot be sold or purchased.

No builder can sell parking space in Maharashtra as the Bombay high court has ruled that a stilt parking space is a common parking space available to members of the housing society. Same is the case in other states.

So what you have purchased as parking is also illegal as per RERA Act. Please check with Builder's RERA permission regarding parking area selling.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Builder cannot sell car parking slot

2) builder can only allot car parking slot

3) society can set aside allotment of car parking slot by builder

4) don’t purchase another car parking slot

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Firslty, Sir, you need to be little more careful while buying this extra parking space.

Secondly, as if it is then it should have made opened or now also can be opened for all.

Thirdly, if in future, others started asking for the same and builder unable to provide that due to any reason then your space would also be cancelled as per law of equality.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. Nonetheless the builder cannot sell the parking area;

2. Once the society has been formed then builder has no rights to sell part of the common area of the building;

3. The builder is trying to cheat you and wants to sell it to via cash right?

4. This is the way the builder earns black money so do not fall into the trap;

5. Write a letter to the society you want another parking and you are ready to purchase it from one of the flat owners.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If it is part of the common area builder cannot sale it if the builder mention it in the sale deed then also the it can altered by the society and the sale can be challenged for the portion of the parking space as builder has no right to sell the common area.

In case the society is formed and the available parking spaces are mot enough the society can alter your allotment of parking by the builder.

So donot purchase it in my view.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

The basement parking area us common to all residents and I don't think that flat no must've tagged at specific places in the parking lot so that only the owner of that flat may park his vehicle there. If this is not the case then your builder is trying to dupe you and he can't sell the parking.even if it is mentioned in the registry then too you will not be able to assert control over the parking area.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

You can purchase the parking slot through a deed of DOTOR as a right to use and possession of the parking appertrnant to the flat.

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

The builder is wrong.

He is trying to woo you on this to satisfy his greedy needs.

He will not stand then when the society takes away the parking space since the parking space is common area and belongs to society bound the bye laws of society.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

The builder can only sell a parking to you only if it is a closed parking with the door, else you should not pay any amount to buy the parking even if the Builder promises to include it in the sale agreement, as builder has no right to sell the common passage area.

The parking spaces would be allotted, once the society has been formed,and such allocations would stand cancelled.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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