Dear Client,
With the consent all the Flat Owners, there need not be any issue in the matter.
I have been allotted open car parking space demarcated for parking from builder. To avoid a car from wear and tear I had decided to erect shed with four iron rods with shed of corrugated sheets. I convey about the same to all flat members. Now everybody is opposing the idea of erecting shed for parking. It is to note that society is still not formed and the ownership lies with builder. Builder is least bothered about the issue. In sale deed parking space is not mentioned. My question is, is it legal to erect temporary shed in open car parking slot? What should be my course of action to fight the issue?
Dear Client,
Open parking comes under common area, cannot be put to use for personal purpose even for safety purpose without members consent. Further allotment of parking is without payment to builder otherwise than to could have erect the shed as matter of right and ownership.
Since no society is formed, get it erected, rest will c later.
Can a legal notice be served to builder asking him to incorporate parking area allotted to me in sale deed and issue parking allotment letter to me.
The car parking space is a part of common space and hence no one can make any physical partition and cause constructions over it , even if the same is of temporary nature.
So if the other flat owners are opposing your acts then not breaching any provision of law.
In other words do not do this anymore as if the other flat owners decide to file suit then your problem would increase.
However there is no harm if you make a tarpaulin shed by erecting bamboo poles.It is likely attract lesser attention from other flat owners.
There must be mention g of parking space in the sale deed. If it is not there then make a separate sale deed for the parking space without which your ownership over the parking space is never established.
you cannot erect temporary car shed in open car parking slot without permission from municipal corporation and builder
you can file a complaint in co-operative court also you can send a letter to the society in case if society is formed or else you can directly write a letter to the builder for providing you parking space with allotment of letter.
See it is not illegal to erect the shed see but the parking is allotment basis the allotment can be changed by builder or society after you erect such shed also. You can take NOC from.builder for making such shed.
1. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered . Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
2. In Maharashtra, it is a prosecutable offence to enclose "ANY" open car parking slots and is an offence under the local Civic Laws, the MRTP Act and the Fire Act.
Only if the project is Rera registered, can builder sell the car park
Otherwise its a part of common areas and not saleable
Also erecting a shed will require municipality permission
You do not need permission of flat buyers
However even under Rera open car park cannot be sold
What can be sold is a garage or covered or stilt car park
Builder has duped you
First of all the neighbor members of the apartment complex has nothing to do with you covering your parking space until and unless it is disturbing anyone's space in any manner.
The builder who has allotted the parking space can intervene but he will not do so because the conversion of open parking space into a covered one is not in the approved plan and it may be an illegal act and he will be responsible if he is giving permission.
you may not bother about other members objections to this, let them do anything, if they are going illegal about it you may approach police fora criminal action against them.
You can issue a legal notice to the builder asking him to allot a covered car parking space , let him give a reply after which you can decide about further legal course of action on this issue.