The sizes of the parking is approved by development authority it is a size to accommodate any size of the car which is related to to the apartment holders incase the size of car parking which is not normally mentioned in the builder buyer agreement you have the opportunity to complain to the rera against the builder confronting the size of the parking which is not a standard to accommodate all type of cars and ask for the allotment of car parking according to the standard size and pay compensation
According to RERA what should be parking space/size
Hi I have got open parking in pune which is near by 4.3m*2.2 mtr which is not suitable for large car builder denied to increase space.what i should do in that case.? same problem happened with more than 10 people. condition when i purchase flat. I have purchase flat before GST ,which was under construction. after more than60% completed gst and rera law come.by this way builder take more money from me but hide charges under infrastructure cost.same way he did for my parking. he took money for open parking but hide under infrastructure cost. now builder is in hurry to form society.what i should do in that case
Asked 6 years ago in Property Law
Religion: Hindu
12 Answers
He has not honoured his obligations and so file a complaint in the rera tribunal.
There is no benchmark as to how much area should the parking cover but he should give what he has promised.
Regards
1. Parking spaces are within the parameters of the DCR rules and depends on the layout of the Land.
2. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered.
3. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
4. Flat Owners CANNOT claim Parking spaces as a matter of right.
as per the RERA Act, Rules and Regulations, the respondent (the developer) cannot sell open parking space, which has to be handed over to the legal entity (co-operative housing society) of the allottees when it is formed.”
2) you can complain against builder before RERA or consumer forum and seek orders to direct builder to allot you car parking slot sufficient for your car
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.
You can file a complaint to consumer court for deficiency of service. The parking space is as per the DCR and sanctioned plan
The details of accounts needs to be shared by him to the housing society when formed.
He has to explain the expenditure, seek help of CA.
If he did any thing contrary to the agreement / RERA, you issue notice to him to rectify the same followed by lodging complaint with RERA and case before Consumer Forum for damages etc.
1. IF THE OPEN PARKING SPACE IS SOLD TO YOU, THEN THAT IS NOT PERMISSIBLE IN LAW
2. THE BUILDER IS NOT ALLOWED TO SELL OPEN CAR PARKING EITHER UNDER MOFA REGIME OR IN RERA REGIME
3. THE OPEN CAR PARKING SPACES BELONG TO THE SOCIETY AND GOES AS PART OF COMMON AREAS
4. THE BUILDER CANNOT NOW DEMAND INFRASTRUCTURE COSTS IN VIOLATION OF WHAT WOULD BE AGREED IN YOUR REGISTERED AGREEMENT FOR SALE
5. ON COMING INTO FORCE OF GST, THE SERVICE TAX RATE HAS GONE UP. HOWEVER BUILDERS ARE MANDATED TO GIVE INPUT TAX CREDIT TO FLAT BUYERS BY WAY OF REDUCTION IN FLAT COST. IF HE DOES NOT PASS ON THAT BENEFIT THEN YOU WILL HAVE TO COMPLAIN TO NATIONAL ANTI PROFITEERING AUTHORITY BY FILING ONLINE COMPLAINT. THE TRIBUNAL IS IN DELHI
Open parking comes under common area and cannot be sold, IF project is registered with REA than complain to it or approach consumer court.
State authorities generally approve the number of apartments in a project on the basis of the number of parking spaces offered by the developer as it is now mandatory to offer parking space under the law. Bylaws define the ratio of parking versus the apartment size. Usually, one parking is compulsory for a 3BHK apartment and 2 parking for a 4BHK unit. A parking space under bylaws is defined as equivalent car space or ECS. The total area by definition should be approximately 2.5 m X 4.5 m.
For increase of parking space as per RERA act you need to file a complaint against developer to regulatory authority of RERA.
Builder cannot take money for allotment of parking space as it is part of common area of building and it cannot be sold by builder.
Dear Sir,
It appears RERA has not defined as to what is the parking space , however you may check local laws and also few high court judgments which will guide you in the issue raised by you.
Whenever a developer has to develop an area, he has to take development permission and commencement certificate from the authorities concerned. To get these approvals, he has to mandatorily submit a building plan, which includes area earmarked for parking. The model building byelaws of the Ministry of Urban Development .
Builder's duty is to provide car parking space hence you cannot make him liable or responsible for not providing car parking space to park large size car.
Ifhe has at least orally agreed to provide a bigger car parking space then you can drag him to consumer forum for relief and remedy, however if there is no bigger size car parking space then your cannot do anything about it
