Our builder constructed office in our parking area. He sold all flats long back around 5 years back. Still he is holding keys with him of office which he constructed at construction stage. We requested many times to handover the office but he is not ready to handover us. What we have to do. Dose have rights in our apartment parking area?
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Builder has no rights on parking area
2) it forms part of common area for benefit of all flat owners
3) complain to muncipal corporation regarding office constructed on parking slot
4) if no action is taken taje legal proceedings against builder to demolish parking slot constructed in parking area
Your association has to issue a legal notice to the builder to vacate the same and deliver vacant possession.
If he fails to do so, the association can opt for legal action to evict him
- As per Supreme Court, Builder has no right over the parking area if all the flats are sold
- Further, a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. , and only for the members of the apartment.
- Hence, you can lodge a complaint before the municipal corporation against that builder to forcibly occupy the parking space.
- Further, if no positive response then file a complaint before the consumer forum against him , however you can send a legal notice to him before filing the complaint.
Office is not permitted in parking area. Complain to municipality.
As per judgment by SC, no construction can be allowed in parking area, nor the builder can sell such area. If the project is RERA approved, complaint to RERA Authority, seek demolition of office and recover rent for the period it is used as office. If the project is not RERA registered submit complaint to District Consumer Commission under new Consumer Protection Act, 2019 under which proceeding are very fast. You will get order of demolition, costs of complaint, Advocate’s fee and compensation. All proceedings to be initiated jointly by RWA or association. Also you can complaint to municipal authority for violation of sanctioned plan by consideration of office in area allotted for parking.
Dear client,
It seems like the builder's construction of an office in your apartment parking area without your consent is a violation of your rights. Here's what you can consider doing:
Review Agreements: Carefully review your apartment sale agreement and any other relevant documents to understand your rights with respect to the parking area.
Contact the Builder: Continue communicating with the builder in writing, requesting the handover of the parking area and the office. Keep records of all correspondence
Residents' Association: If there's a residents' association in your apartment complex, involve them in the matter, as they can collectively address the issue with the builder.
Regulatory Authorities: If all else fails, consider reporting the issue to local municipal authorities or housing regulatory bodies, as the construction may violate local building regulations.
If its a common area then he may not have nay right but if conveyance is not done he may claim right but cant claim parking rights unless he has agreed the same in development agreement or other deed executed in advance
