Builder can't charge you for parking space unless he is charging you under rera Act for covered parking
Allotement for parking lot from builder
In my sell aggreement ample parking space under common area mentioned however builder asking for money to allotement of parking, society is not yet formed. Can I write to builder asking for parking allotement or shall I wait till society to be formed Society can also asked for money or they can give me option for monthly charges for parking and can be any guidelines for parking montly charges
Asked 4 years ago in Property Law
Religion: Hindu
9 Answers
Dear client,
The builders operating in India are not entitled to selling open parking spaces as per the provisions of the Real Estate Act, 206. This particular fact has once again been reiterated by the Maharashtra Real Estate Regulatory Authority.
Thank you
Builder cannot ask for money for allotment of car parking slot
issue notice to builder to allot you car parking slot
society can allot you car parking slot on payment of monthly charges
Thanks sirs for valuable inputs, further I need litte clarity on following for my understanding and fighting with builder and Society 1. My aggreement mentioned ample parking space under common area, this means I am default eligible for one open parking space in the society.l ? 2. I need to send notice to builder through lawyer or email communication can also do and valid ? Kindly share the format of such notice 3. Now builder is asking me not to prk the vehicle untill payment is done or parking space is alloted is this legal from builder side and can I take action against him and how? This may be related to point no 1 also.
Asked 4 years ago
1. You are eligible for 1 parking space as a matter of right.
2 . Yes you can send a notice to lawyer.
3.yes you can approach consumer court
You are entitled to open car parking slot
3) email would suffice
3) no ready made format
4) file complaint against builder before consumer forum and seek orders to direct builder to provide you parking slot
- 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 numbers 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
- Hence, you should not come into the trap of builder as he has no right to sell the parking space
A builder has to provide a certain number of parking spaces based on the number of units of houses. According to the National Building Code, one car parking space must not be less than 13.75 sq. ... As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed.
Once a society is formed, it becomes the owenr of all the common areas in the complex including the parking space.
- 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.
- Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.
1. You are right. A builder has to provide a certain number of parking spaces based on the number of units of houses. According to the National Building Code, one car parking space must not be less than 13.75 sq. meter. For a 2-wheeler, it must not be less than 1.25 sq. meter.
2. You can engage the services of an advocate for this purpose on the terms of the chosen advocate.
3. You issue a legal notice to the builder as per law and demand him to allot parking space or allow you to park your vehicle in any open parking space that is available in the complex.
You ask him to give it in writing about the demand for payment towards the parking space and make a complaint against him before RERA.
Dear Client,
As per your query, if 'the sale of parking space under common area by builder' is in contravention to any of the clauses in the sale agreement, you may invoke the arbitration clause in the agreement, if any.In absence of such a clause, you may also approach the consumer forum seeking relief.
Thanks & Regards