• Builder selling approved commercial of stilt area

Builder has built 6 tower total flat 276, only one tower have stilt area, four towers with basement. Builder sold all flats with one covered parking, where as in basement only 200 cars can be parked thightely. Now builder has got stilt approved for commercial 12 shops, and sold. Is he entitled for selling shops without alloting parking? What kind of commercial activity can be allowed in the gated society.
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

Builder cannot sell car parking slots as it forms part of common area for benefit of all members

2) check the plans sanctioned by muncipal corporation for parking

3) if stilt was for parking builder cannot sell shops on stilt area

4) if number of slots are obmy 200 and members 270 seek stay against sale of stilt car parking slots for shops

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

if the ground floor/slit area is approved for the commercial activity and not included in the common area then the builder can sale same, further commercial activity of nature that no nuisance is caused in the gated community such as rasan shops and others or office can operate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

File an RTi to know that whether approval has been granted or not?

Also please tell whether OC/CC is being given by him?

After sharing these details and the required documents, a concrete advise can be given.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

No construction is permissible in the stilt floor. Check the local applicable building bye-laws to confirm this. The reason why construction in stilt in impermissible is that the same comes within the common area in a compound.

After doing some research, you just challenge the decision/approval granted to your builder to construct shops in the stilt floor. The High Court will definitely interfere. Any action in the matter has to be Swift

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

No building project is valid without stealth parting and provision of proper parking and residential area cannot be put to use for commercial purpose. Can complain to municipal corporation for commercial activity and RERA for failure to provide parking slot.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Builder is supposed to provide car parking space for each individual unit of flat.

n a 2010 judgment, Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607], the Hon’ble Supreme Court rejected the argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities. A bench of Justices A K Patnaik and R M Lodha, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners. Also, the Court said that the developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.

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. 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
78104 Answers
1543 Consultations

5.0 on 5.0

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