• Can open car parking space be converted to covered shed

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?
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

Dear Client,

With the consent all the Flat Owners, there need not be any issue in the matter. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

you cannot  erect temporary car shed in open car parking slot without permission from municipal corporation and builder 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can issue legal notice to builder to issue you allotment letter for parking slot

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you have paid for it than only notice recommended.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No open parking spaces are common area and builder cannot sale same it can be just alloted.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

What you desire is blatantly illegal. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You can only errect temporary shed but if society opposes then you need to approach court. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

Yes, you can get issue a legal notice to builder.

In most of cases, builder also mark/reserve open parking with numbers and only "those" who have paid... can use parking slot... those who dont pay OR using extra car.. can not park into other slot.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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