• Parking slot issue

I wish clarification on the issue described below: 
1. There is a builder who is the complete single owner of a 325 square yard plot in a modern locality of New Delhi called Janakpuri.
2. He has built up four floors with stilt parking underneath with his own money in 2011.
3. There are clear cut 8 parking slots in his stilt parking area.
4. However, he has a walled room there of the size of 4 parking slots. He has occupied it in his own way.
5. So now he is to sell one floor with one car parking slot only.
6. In Fact He may plan to sell one apartment with no stilt parking at all.
7. All other builders here give 2 car parking slots underneath which is in proportion to the carpet area of each floor. Meaning equal division of stilt parking.
  Now, my question is that is he allowed to do 4 and 5 and 6? Is it legal? Do the normal society housing laws not hold true for this private individual builder? Isn't the "Delhi Apartment Act" applicable here? That the stilt parking is a common area which must be proportionately divided for all apartment owners ? He says that he privately owns it since he is the outright owner and can sell in which ever fashion he wants? Is this true and legally tenable? Meaning..are the selling and building rules for complete private ownership of property different from that of housing societies?
- Also please give a link to the actual Law cited to clear these doubts. Thank you infinitely.
Asked 6 months ago in Property Law from New Delhi, Delhi
Religion: Other
1) file an RTI application with delhi muncipal corporation and check the parking plans sanctioned 

2) If as per plans 8 parking slots were sanctioned builder cannot close 4parking slots by enclosing the area 

3) builder has to sell flat only  Parking slots form part of common area  for benefit of all members 

4)builder cannot act as per his whims and fancies 

5) complain to muncipal corporation for demolition of unauthorised construction made by builder 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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Muncipal corporation sanctions construction plans 

The corporation while sanctioning plans lays down conditions as to parking slots to be provided for the flats constructed by builder 

parking spaces to be provided in building shall be as per the recommendations contained in Master Plan/Zonal Plans and the regulations of Delhi Development Authority. In areas not covered specifically by the above and for occupancies where specific provisions are not made, the parking spaces shall be in accordance with Bye-law No. 13.2.
13.2 One car space per 92.93 sq. m. of the covered area. This parking can be provided in any manner,i.e.covered, or open. In providing the parking, care has to be taken that 50% of of" the open space is left for landscaping and is not accounted for into parking calculations.
32

Note:- Areajor each Car space. i) Basement 35 sq. m.
ii) Stilts. 30 sq. m.
iii) Open 25 sq. m.
13.3 Parking space shall be provided with adequate vehicular access to a street and the area of drive, aisles and such other provisions required for adequate manoeuvering of vehicle shall be inclusive of the parking space stipulated in these rules.
13.4 If the total parking space required by these rules is provided by a group of property owners for their mutual benefits, such parking shall meet the requirements under these rules subject to the approval of the Authority.
13.5 In addition to the parking spaces provided, for buildings of Mercantile (Commercial), Industrial and Storage, at the rate of one such space for loading and unloading activities for each 100 sq. m. of floor area or fraction thereof exceeding the first 200 sq.m of floor area,shall
e provided.
13.6 Parking lock-up garages shall be included in the calculation for floor space for F.A.R. alr:ulations unless they are provided in the basement of a building, or under a building constructed on stilts with no external wall.
: 3.7 Parking spaces shall be paved and clearly marked for different types of vehicles.
_3.8 In the case of parking spaces provided in basements, at least two ramps of adequate •. idth and slope (see Bye-law No. 16) shall be provided, located preferably at opposite dJ.
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Even if he is the owner of the entire plot he still cannot sell the parking slots as they form part of the common area. The Supreme Court has said so on more than one occasion. This is the rule book. The remedy for the aggrieved buyers is to file a suit for injunction against the seller.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures. In recent times, developers and builders charge anywhere in between Rs. 2 lakhs to Rs. 15 lakhs for dedicated parking spots, which at times are more than the value of the vehicle itself. If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units.
If the builder constructed the flats and is selling it then where is the questioning of he owning it.  He cannot retain the commons space for himself and sell only the constructed flats. 
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots. Thus the owner cannot make parking spaces at his own will and wish without having it mentioned in the construction plan.
If he is not willing to abide by rules of the apartments then you may either lodge a complaint against him with the registrar of cooperative societies or dont purchase the property at all because the arrogant builder may not oblige your requests for many other things in the future too which shall be detrimental to you after having purchased the property. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1) Does the "Delhi Apartment Act" apply to the specified locality of New Delhi called Janakpuri, especially when one person is the single owner of the entire plot? Are the rules same as a housing society?

If the property has been constructed after obtaining permission for apartment constructions then the owner cannot say that it is his private property and he will not abide by the rules.  He is bound by the laws in this regard, whether it is Delhi apartments act or any other act in force for the purpose.



2) You did not provide me with a link to the laws you are referring to for stilt parking when there is a private owner who owns the entire plot and is a builder. Please provide a link to the laws referred to.

You can search it yourself by browsing it through internet






3) The parking plans which must be followed by the builder...who makes them? Who makes these rules? Don't they simply follow the "Delhi Apartment act" laws?

If the property is built as apartments the builder/owner has to follow the apartment rules and all the laws in force on the subject, he cannot say any lame excuse, he can be take into task.




4) As you say that he cannot sell according to his whims and fancies..where is the rule book on what are his legal limitations when he is building up the plot and especially the parking? Which set of laws must I refer to? Please reply to all the points.

The apartment complex “Solely” owns the common spaces (Stilt or Open)
The members DO NOT own these spaces
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.
The bye-law provision pertaining to Parking “RIGHTS” is a gross violation of the various laws  & Fire act rules.
Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body. It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0

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