• Allocation of parking by the builder

The builder mentioned parking in the cost sheet given unofficially but did not mention in the agreement done in Thane in September 2014. Now when about half of people have shifted we realise that the parking is a puzzle parking and cannot accommodate vehicles above 2 tonnes and beyond certain sizes. Secondly the builder is refusing to allocate permanent parking. Only two towers are built and as per layout a part of parking area is occupied by sales office of builder. When the other two towers will Come up the parking specs will also go up. Can builder force a parking space which has limitations and can he avoid permanent allocation of parking space to residents who have already shifted . As per the original plan of buildeR there will Enough parking spaces.
Asked 4 months ago in Property Law from Thane, Maharashtra
Religion: Hindu

builder is bound to allot car parking slot 

 

2) check the plans sanctioned by municipal corporation for parking slots 

 

3) if builder fails to allot car parking slots file complaint against builder before RERA seek orders to direct builder to allot parking slots to residents 

Ajay Sethi
Advocate, Mumbai
68145 Answers
4114 Consultations

5.0 on 5.0

As per the Bombay high court judgement and prevailing DCR,  one parking is mandatory Allotted to a single allottee. 

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

Hello 

If the builder is not making the building as per the plan approved by the development authority then you can file a complaint against a builder for violating the terms of the layout plan

Builder cannot make use of the parking in any other way as designed in the layout

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

Open parking cannot be sold and parking occupied by builder officer is illegal, It`s common area and accessible/used to every owner. Complain to RERA for no provision of parking whereas in original plan which is offered while advisement, sufficient parking space was promised and declared.

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

The builder has to allocate you parking according to plan in case he fails then you can file RERA complaint or a consumer complaint against the builder. 

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

As per rules the builder has to allot parking space to each member of the apartments complex.

Though after the association is formed the parking space along with the other common areas will come under the control of the association which may, if necessary re-allot the parking space to its members.

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
57900 Answers
730 Consultations

5.0 on 5.0

Dear

A builder is not allowed to sell parking space as any Parking space sold by builder will be null and void after the formation of society association and association will become it's owner because it is common area of society.

Builder cannot make his office in parking space. Register the society send legal notice to builder for removal of office. 

Allot parking space through association.

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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