• I have paid for covered parking - in a society - is it legal

I have bought an under construction flat in West Bengal, and the builder has charged me Rs 3 lakh for covered parking .
Now I came know that as per Supreme Court sale of parking space is illegal . 
However in some websites I read that builder can sell covered parking but not open parking( as per RERA) . My property is a HIRA ( west bengal version of RERA ) registered property .
The sale of covered parking along with the amount charged is mentioned in my Sale deed .
If sale of covered parking is illegal how is it written in registered sale deed - can I challenge it in court of law ?
Asked 7 months ago in Property Law
Religion: Hindu

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10 Answers

Only 3 side cover parking under rera can be sold all other parking cannot be sold by builder. Yes you can challenge and seek refund from consumer court

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

Sale of garage is not illegal 

 

sale of open car parking slots is illegal 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

It may be written in the sale deed but that is ilegal on the part of a builder to charge you for that amount.

Therefore file a complaint against him in the RERA tribunal.

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

As per the supreme Court judgement builder mast provide one parking a wrong with one flat if you have been sold and other parking by the builder and has been charged for the parking there is nothing wrong in the purchase

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

No builder can legally sell any parking slot, covered or open, to any buyer for his/her exclusive use, as parking space forms part of the 'common areas', intended for the use and enjoyment of all residents in that community.

Swaminathan Neelakantan
Advocate, Coimbatore
2121 Answers
20 Consultations

4.9 on 5.0

What cannot be sold is open parking which  is  common area. There is distinction between open parking, “garage” is a place within a project having a roof and walls on three sides for parking any vehicle. A covered parking is “garage” which  you have validly purchased. The sale is valid and can be enforced.

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

According to RERA Act (2016), covered garage space can be sold separately by the builder, however, open or stilt parking spaces are clearly defined as part of common amenities such as lobby, stairs, elevator, garden, etc.

The stamp paper to register your house must mention covered-car parking. 

RERA Authority does not object/restrict the sale of covered parking when it uses the words   “garage or covered parking space when sold or allotted for monitory consideration

The Circular of RERA permits the sale of basement parking, stilt parking, podium parking, and other kinds of “covered parking space” as defined under the rules, 

Thus almost the entire parking area except for the open parking area can be sold as per the Circular. 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 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. 

- Since, your parking space is already mentioned in the Sale deed , then you have legal right over the same , and it cannot be cancelled. 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

Dear Client,

The developer is entitled to charge the buyer or allottee separately for garage spaces according to the Central Act. However, when it comes to open parking spaces, the builder is not entitled to do so. 

Thank You.

Anik Miu
Advocate, Bangalore
5320 Answers
57 Consultations

4.9 on 5.0

Hey, Covered parking sale is legal. Infect most of builder sale car parking with flat and if owner need more card parking, builder get extra payment for extra card parking. This is legal

 

So car parking charge mentioned in sale deed is legal.

Ishan Sid
Advocate, New Delhi
10 Answers
2 Consultations

5.0 on 5.0

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