• Use of stilt parking

Is it possible to confirm that in stilt parking under builder's flat, it is to be used for parking facilities only and it has common interest for all the flat owners. At the most only servant quarters can be build. No other commercial activities is allowed like opening a office or any other residential unit can be built in such stilt parking. Also builder is not supposed to sale any portion of stilt parking to any body.
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
 "Car parking and open terraces are a part of the society's common area. They are not part of the FSI (floor space index) allotted to the developer. Hence, he has no right to charge any money for this space.
The Apartment Act, for instance, specifies common area as the land on which the building is located, and includes halls, stairs, lobbies, stairways, fire escapes, building's entrances and exits, basement, cellars, yards, gardens, parking areas and storage spaces within the premises. "In a recent judgement, the Competition Commission of India, too, pointed out that the parking area cannot be charged for separately and must form a part of the common area and facilities," 
According to Regulation 36 of the Development Control Regulations (1991) for Greater Bombay, whenever a property is developed or redeveloped, parking spaces have to be provided in accordance with the guidelines in the DCR. Before a builder can develop or redevelop a project, he needs to obtain the development permission and a commencement certificate. "To get these approvals, he needs to submit a building plan, which includes the details of the parking spaces provided. If he does not provide these spaces in accordance with the DCR, he will not get these approvals,
The model building bylaws of the Town and Country Planning Organisation, Ministry of Urban Development, Government of India, specifies mandatory parking space for units in a housing development, and so does the National Building Code (NBC) of India."

So, make sure no one takes you for a ride as far as car parking slots go.


Thus the car parking slots or stilt parking are meant for parking alone and not for any commercial or deviated purpose.  The aggrieved may agitate and initiate proper legal action.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
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1) stilt parking is to be used only for parking purposes by the builder 

2) it cannot be used as servant quarters 

3) no commercial activities are allowed 

4) stilt car parking forms part of common area for benefit of members 

5) check the building plans sanctioned by muncipal corporation . It would show parking slots approved by muncipal corporation 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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1. It is illegal to make commercial use of the stilt parking. Even servant quarters cannot be built. 

2. In so far as the sale of stilt parking is concerned, this question has already been answered by the Supreme Court which has said that the builder cannot sell parking slots. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Supreme Court gas said car parking slots forms part of common area for benefit of all members 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
The law is applicable throughout India.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Nobody is above law and this law is applicable through out India to all the builders.  
You do not allow your right to be taken away by the builder in flimsy reason being a member of the apartment association. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. It all depends on what have been mentioned in the Building Plan he got sanctioned from local Municipal  Corporation and what have been mentioned in the sale deed or agreement of sale he has executed and/or registered with you,

2. if it is mentioned that stilt parking will be for car parking only to be allotted/sold  to he flat owners only, then there can not be any other activities therein,

3. If he esorts to any such illegal activities, you can approach the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming allotment/sale of the said stilt parking area amongst the flat owners only duly stopping any other activities thereupon, damage and cost

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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The rule for use of Stilt Parking area is same for the flats built by the developers at N.Dlhi and Delhi
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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