• Builder not mentioning size of parking. What is the guideline?

Builder not mention the parking size in agreement and now he is giving 8by 6 f parking and some of less than it. 

What is guide line for parking that applied to any builder by state or national authority.
Asked 7 years ago in Property Law
Religion: Other

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6 Answers

1. The mistake is yours. When you made the agreement with him you should have asked him to mention the size of parking therein. Now that there is no mention of the size of parking slot in the agreement you cannot make him liable to give you a parking space of a specific size. There is no guideline in this regard.

2. If the builder is not giving the promised amenities then he can be sued in the consumer forum as it constitutes deficiency in service.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

1. The parking for four wheeler must be enough to give access of a standard hatchback car.

2.There Is no national standard guidelines on this..

3. Shifting of facility from one place to another not deficiency of service provided it is done through a sanctioned building plan.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

noida development regulations

When parking space for cars is to be provided, it shall not be less than 20 square metres in open

area and under stilts & basement - 30 square metre per vehicle

2) As per CMDA regulations, the minimum size of a car parking space is 2.5 m (8’2”) wide and 5 m (16’4”) long

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

issue legal notice to builder to provide amenities as per agreement

2)to maintain the common areas of the building

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

Supreme court vide its judgment dated 31.8.2010 has given a verdict that under no provisions of Law, the Builders or Developers are in any way or manner whatsoever authorised legally to sell or transfer or alienate any open (open to sky) area for parking or stilt (covered) parking area which are being allocated to the members of the Society.

Means and enclosed or unenclosed covered or open area sufficient in size to park vehicles. Parking space shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.

As per the Development Control Regulations for Greater Mumbai 1991, one parking space for every 8 sq. mtrs. Of the floor area up to 800 sq. mtrs. and one parking space for every additional 160 sq. mtrs.

While approving a plan for construction, the authorities sanctioning the approvals may sanction certain areas specifically as car park. This may be approved as an open car park or a covered car park.

The consideration for providing the sanctions on the part of the authorities may also vary depending on whether the building is residential or commercial in nature. The typical use of the building may also be taken into consideration.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

What can be do if builder not giving the enmities good and acceptable conditions. Earlier mentioned swimming pool on ground floor now moved to terres. Not proving the proper mentanance.

Many times builder gives false promises to the flat purchasers and also does not comply with their statutory obligations as are stipulated in the MOFA (The Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. In such circumstances the options available to the flat purchasers/ society include filing a complaint in the Consumer Court as well as initiating criminal action before the criminal court against the Builder. Even selling away the car parking is one of the offences under the MOFA Act. The society can bring Criminal complaint against such Builder under various sections of Indian Penal Code.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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