Issue legal notice to builder to allot you car parking slot sufficient to park your car
if builder refuses file complaint against builder before consumer forum and seek orders to direct builder to allot you car parking slot
Illegal parking allotment
Hello, I've taken position of my flat in Dec 2018. The builder has taken money from me and all flat owners for parking at the time of possession. The builder has now allotted parking for only four wheelers and he has not given parking allotment letter. The parking procedure is not transparent, few peoples taken initiative and allotted good parking to themselves and now not allowing others to park in the area. The society is not yet formed. Also the parking allotment is not as per the plan in sale deed. They have mentioned two wheeler parking in sale deed however in real the proposed two wheeler parking is provided to four wheeler and no two wheeler parking space. Because of this other peoples facing inconvenience in parking two wheelers as the four wheeler parking is not sufficient to park four wheeler and two wheeler. What should I do in this case?
Asked 4 years ago in Property Law
Religion: Hindu
6 Answers
- You have two options viz.. a) sue the builder for specific performance of contract ie provide parking space for your two wheeler. b) sue the builder before consumer court for deficiency in service (for not providing two wheeler parking)
- Which of the two options indicated in 1) would be most suitable; you can be adviced as to that, only after I pursue the sale deed during an exhaustive consultation session with you. You have to visit me for that.
- I'm willing to handle your case as your counsel (advocate) and take it to it's logical conclusion.
- ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)
- 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.
- Further, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members
- Further, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting
- Hence, if the builder has charged the amount for parking , then you can complaint against him before the consumer forum for getting of the same.
According to apartment acts, you are not allowed to cover or repurpose parking spaces. How much space is allowed for parking?
As per the National Building Code, one car parking space must not be less than 13.75 sq meter. For a 2-wheeler, it must not be less than 1.25 sq meter.
Can a builder allot open parking space?
No. The society allots parking spaces.
Lack of uniform laws across the board with respect to parking rules in societies has created an epidemic of unwritten rules and indiscriminate behavior by everyone at stake.
If you’ve been allotted a car parking space/spaces (according to your BHK size) which you’re already using, and even if it is big enough to allow an extra two-wheeler parking, consult the MC before permanently parking it.
Extra cars/ scooters cannot be parked in spaces not allotted to you unless approved by the MC. You have to pay parking charges for an additional four wheeler parking.
A fine may be placed by society for violation of parking laws.
Open parking spaces lead to confusion among members if there is no structure or markings for them to follow.
Non-abiding members can inconvenience the rest on a regular basis.
Solution: Bye-laws require a society to mark and number parking spaces (for bicycles, 2-wheelers/ 4-wheelers separately).
According to RERA Act (2016), a 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 separate parking space.
These become the property of the society as soon as it’s registered, an Occupation Certificate is issued by the municipal corporation and the builder arranges a handover.
You can file a complaint before consumer court for deficiency of service
See what is the initial agreement with the builder and providing parking facility
