• Query related to parking

Hi Team,
I bought a flat from the land owner share in an apartment. and the Builder and owner has charged different amount to everyone for Parking. It is there in the sale agreement.
How the parking allotment will be done, as the builder and landowner are keen to take there favorite spots of parking without any lottery?
1) can parking space be sold or it is a common property of apartment flat owners?
2.) if not how the parking should be allotted?
3.) If I am not going to get my parking, what is the legal way to get it as I have already for the same.

Thanks
Asked 10 days ago in Property Law
Religion: Hindu

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17 Answers

1. Yes, parking slots can be sold.

2. They can be sold.

 3. You may have to buy it.

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

Open parking cannot be sold and comes under common area and use without any exclusive right. No amount payable for open parking space and can park any where.

Or allotment shall be done by mutual agreement by all owners. Direction from court.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

Ypu may have to buy it .

Check the bylaws of the registered society for provision of the parking 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

It appears builder and landowner has sold car parking slots to flat purchasers 

2) under RERA builder cannot sell open car parking slots 

 

3) it forms part of common areas for benefit of all members 

4)builder can sell covered garage sunder RERA 

5) parking slots can be allotted by builder 

 

6) file complaint against builder before consumer forum and seek orders to direct builder to allot you parking slots 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

1. Unless there is separate covered parking space its considered to stilt parking space for which separate price can not be charged. 

2. In that case the whole steak is to be divided between developer and landowner to allocate parking space for respective flat owners. 

3. In that context while making the sale agreement it's the duty of the purchaser to get specification like steak or location of the parking space.

4. Once this is described in the sale agreement the purchaser can not later seek its chance unilaterally. 

5. If no location for any flat owner is given in the sale agreement then allotment is to be given by draw of lots.

In default ho to consumer forum. 

Devajyoti Barman
Advocate, Kolkata
20197 Answers
286 Consultations

5.0 on 5.0

1. Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).

2. As per model bye-laws, Parking should be allotted to members, using yearly "rotation policy". You can put the CHS on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.

3. IF Society fails to allot you parking THEN file grievance petition, before the local Consumer Court. There are several orders to this affect, in favor of the CHS member.

Hemant Agarwal
Advocate, Mumbai
4655 Answers
23 Consultations

5.0 on 5.0

 - As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area 

Further, if the buyer -seller agreement mentions car parking as a separate item, or the buyer can produce other evidence of having purchased it, he can challenge the developer, and can get refund from the builder legally. 

- Further,a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. ,and only the housing society's general body could make the allotment of space to flat occupiers.

- After forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots,and society can make new rule for allotting the parking to its members. 

- Further, if there are limited number of parking spots, then the managing committee decides the basis of the distribution in consultation with the members

- Further, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting

- Further, parking spaces are common spaces which belong to the housing society ,and allotment of the same is at their discretion , and the same can be done by means of First Come, First Serve or however the managing committee deems fit

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

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.

 

Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.

Ganesh Kadam
Advocate, Pune
10116 Answers
89 Consultations

4.9 on 5.0

 If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell car 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.

Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.

If you have already paid for the parking space then demand from the vendor the registered sale deed  and proper allotment of parking space as per the agreement.

On refusing to accede to your demand, you may drag the vendor to the consumer forum seeking releif against him for selling the parking space against the law.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

  • The apartment complex “Solely” owns the common spaces (Stilt or Open)
  • The members DO NOT own these spaces
  • Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
  • Registered members include family members and associate members

When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”

Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

A. Either Builder or Land Owner can't sell car parking slot seperatly. There is a judgement passed by Hon'ble Supreme Court with respect to the same.

B. Generally, allottement of Carparking will happen as per the builder's plan sheet and once the area allocation happened the builder will transfer the owner's proportinate flats along with car parking area to the land owners. Moreover area of car parking determined based on super built-up area Example: big slot will be allocated to 3 or 4 BHK house. Generally the builder issue a separate letterhead for car parking allotment or the word mention the same in the sale deed.

C. Please check your sale deed and go through schedule property details in respect of car parking area. If no clue about the same, you can issue a notice to the land owners and file a case if they are being reckless towards your notice.

B.T. Ravi
Advocate, Bangalore
916 Answers
89 Consultations

5.0 on 5.0

Parking should be allotted by drawing of lots 

 

2) if you do not get parking slot approach consumer forum for necessary reliefs 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

You can proceed with the same. Parking should be allotted by society after builder

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

1. It must be mentioned in the agreement to sale as to how the parking will be allotted. If the ATS is silent on this then the buyer has only himself to blame for this. When the procedure for allotment of parking is not mentioned in the ATS then buyer should not have signed the agreement in the first place.

2. Stilt and open parking spaces cannot be sold as they are a part of common areas and will not cease to be part of common areas and facilities merely because the promoter/builder has not described the same as such in  the agreement or sale deed. They cannot be treated as garages. This has been held by the Supreme Court. However, builders are creating additional spaces and under the definition of garages, these are being sold by builders.

3. If you do not get the parking promised to you in ATS then remedy is to sue the builder for deficiency in service before Consumer Forum.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

1. after commencement of RERA, the promotoers of a project [builder and owner] can sell car park spaces

2. however they cannot sell open to sky car park spaces because that comes under common areas which has to be conveyed to the society of flat purchasers

3. if you have paid the owner for the car park space [which is not open to sky] then you will be entitled to that car park space and society cannot deny your right in it [because car park spaces in stilt, garages, podium are permitted to be sold under RERA]

4. so the sale of the car park space to you will be binding on the society and it cannot do any re-allotment

5. when car park spaces are not sold, then generally they are conveyed to the society which then conducts a lottery for allotment of car park spaces on rotation basis so that all the members can enjoy the parking space. However it is very rare to see car parking not being sold by builders and owners [from their share of flats]

Yusuf Rampurawala
Advocate, Mumbai
5197 Answers
32 Consultations

5.0 on 5.0

parking is a part of the society's common area which cannot be sold. The builderr has no right to charge for this space. 

if there are limited number of parking spots, then the managing committee decides the basis of the distribution in consultation with the members.. 

 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

1. Parking spots cannot be sold as it is common area of building.

2. Parking allotment will be as per bye law of association formed in the Building. 

3. You can file case before consumer forum or RERA against builder and landowner.

 

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

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