• Builder of RERA registered project not allowing to use open car parking are near my tower

I have purchased flat in RERA registered project without open car parking but some of the owners have registered their flats before RERA and paid for open parking space.
now builder is asking me to park my vehicle in decided visitor parking area of cluster which is far away from my tower. On arguing builder informed that he can allot car park and open car park is for whom car parking slot allotted by him. can I fight him legally and park my vehicle near my tower parking space
Asked 4 years ago in Property Law
Religion: Hindu

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20 Answers

Sir you can seel allotment of parking from builder, if the society is formed same will allot the parking space.

If all the spaces are allowed then you can park in the alloted common area.

Further a consumer complaint can be filed for the allotment of parking if the builder refuses to do so. Or RERA authority can be approached.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Yes, you can file case on builder and park your car in open parking space.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

File RTI application and find out how many parking slots have been sanctioned for your tower

2) how many flats in your tower

3)builder can allot car parking slots near your tower if there are parking slots available and cannot force you to park in visitor parking area

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. Make Application to local RERA authorities, against Builders decline to allot you a Parking space. Alternatively a grievance petition can be filed in the local Consumer Court.

2. It is illegal to Purchase /Sell Non-FSI Parking space, in any way.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

It all depends on what is mentioned in your sale agreement with the builder as regards the parking space.

The builder can not shift his stand from what he has mentioned in the sale agreement.

So if what he is asking you to do is not mentioned in the sale agreement he can not force you to do so.

In other words if he is not honoring the terms of the sale agreement you can file a case before the consumer forum seeking the reliefs as per agreement along with damages and compensation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

builder cannot sell open car park space

he can sell a garage or stilt parking or parking space in mechanic lift

builder cannot refuse you from parking your vehicle in open car park area

that open area has to ultimately be conveyed to society of flat buyers

you can challenge the builder's action

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Hello,

Neither builder nor can you act against the terms given in the builder buyer agreement.

If the agreement gives you a right to have a parking then you can take it from him legally and if he is not giving you the same then you can approach the consumer forum.

If such right is not given in the BBA then you can not force him to give you the parking.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It has been held in number of cases that Builder cannot allot Parking Spaces to flat Purchasers as Parking spaces are property of the Society and only Society can allot Parking Spaces to its Members, therefore any allotment by Developer is illegal and can be cancelled by Society

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

An apartment cannot be sold out without department if there is no parking allotment the consideration you paid then you can go to the consumer forum shortage of service against the Builder and claim for the compensation

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

A builder is supposed to provide care parking space for each flat owner.

Parking spaces cannot be sold.

a builder is not authorized to sell parking spaces as individual real estate units.

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.

So you may issue a legal notice to the builder venting out your grievances in this regard ans seek relief of parking space near your tower or else you may initiate legal action through consumer forum against the builder.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

The allotment of car parking slots should be fair to all members

Just because agreement is arbitrary , one sided does not mean that you have waived your right , time interest in parking slots

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

This clause is not binding

Builder cannot restrict use of open car park space

In fact he cannot deal with it in any manner

Open car parks will go to the society on conveyance and its not saleable

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Sir go Ahead with the consumer complaint as in sale deed builder has made a clause to waive of your right over parking

So to challange this one sided clause file a.comsumer complaint and pray for allotment .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This states that you can not space any other space including the open parking to park your vehicle.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

In RERA there is no such provision but the garage is defined as the common area is under owneship of society so it cannot be sold

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

SC has held that parking slots form part of common area for benefit of all members

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Rera is a central act

Different states can make their own rules but in confirmity with principal act

Open car park is common area as per central act of Rera

No state can amend this position

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

It is a central act, same act is applicable to entire India and as such you will not find any different clause in Gujrat act

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The clause is clear that the builder has provided parking space but it shall be allotted to the members as per relevant laws governing in this.

therefore when the association is formed then it will become automatically the owner of all common spaces including the parking space.

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.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

But builder is asking for such document of gujarat RERA act for open car space usages as a part of common area, i have search but in gujrera i have not find such clause

the builder will be finding ways to avoid all such complications hence you may better initiate legal steps by first issuing a legal notice based on the said laws which have been mentioned in the previous posts

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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