As per the Hon'ble Supreme Court judgement regarding parking, the builder can't charge for Car Parking. Cost of the flat should be including Car Parking.
Procedure to purchase of additional car parking
I have a registered flat in an apartment based building with Khata(individual) transfer in progress. However being late in takings possession I have only two parking spaces as option. One of which is a double parking and representative of builder is asking for additional money for additional space that cones with it. However as per him, extra space will not reflect in registration. However he would hand me an allotment letter upon payment to accounts team. My sale deed as of now also just mentions one covered parking with no details of dimensions. Are there any red flags ? What should be the process that protect me legal rights to additional space in double parking in case I intend to buy.
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
You are entitled only to the extent of space for parking that is mentioned in sale deed. An allotment letter is not a legal document creating rights in favor of allotee. Parking space is governed by bylaws of society. Unless there is provision for grant of such additional space, it cannot be claim. Also ascertain what bylaws say.
Builder is playing safe .he is not selling car parking slot to you
But only issuing allotment letter
society can set aside allotment of parking slot to you as it form part of common areas for benefit of all flat owners
You can only purchase parking frm builder under rera. Society cannot sell you parking
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. Therefore, it is illegal for a builder to charge a buyer for a separate parking space.
If you are entitled to a covered parking space and the builder is willing to mention the same in your registered sale deed, then you can better go by that instead of risking the entire parking space at a later date when the society cancels the parking space allotted to you even in the presence of allotment letter by builder.
This allotment letter is not enforceable in court if you are deciding to take it up legally at the time of dispute.
Dear client, the car parking can be allotted by society or builder technically it cannot be sold though if same has to be mentioned in the deed after deed is done a rectification/ confirmation deed for same has to be signed. See for same you can consult local lawyer.
Car parking falls under the ambit of common area, which is meant for the use and enjoyment of all in a residential complex. As such, no promoter/builder can legally sell any exclusive car parking slot to any flat-purchaser. Don't be misguided by such marketing gimmicks and squander your hard earned money.
- 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.
- Hence, you can lodge a compliant against the builder before the Consumer forum for charging the amount
