• Alloted open car parking

Hi Sir/Mam, I have been alloted open car parking lot given by builder while I bought a house in a gated community of 200+ houses. I have also paid for this open car parking and hence builder alloted by mentioning my flat number on this car parking lot. 
Now I would like lay a shed over my parking area due to high sunlight/rain on my car. I have bill copy where builder sold me the open car parking which is lesser amount than stilt car parking. Other residents are objecting that I should not cover by shed on this open parking lot. Can you please advise me whether I can lay shed over my parking area. I wrote a mail to builder with receipt copy and apartment car parking drawing but didn’t get any response yet. Apartment resident were saying only stilt car parking are approved and open Alloted parking are not approved So not allowing to lay shed over it. Please advise
Asked 3 years ago in Property Law
Religion: Hindu

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5 Answers

You cannot lay shed in open parking slot 

 

2) you need permission from builder  and municipal corporation to do so 

Ajay Sethi
Advocate, Mumbai
97608 Answers
7901 Consultations

In a gated community, no builder can legally allot and sell you any exclusive car-parking slot. Car parking space forms part of the common areas meant for enjoyment of all residents. Allotment may be based purely on gentlemanly understanding among the residents through their welfare association. No allotment can be claimed as a matter of right. In your case, the objection raised by others is reasonable and valid. You may at best use a car cover to protect your vehicle.

Swaminathan Neelakantan
Advocate, Coimbatore
2967 Answers
20 Consultations

- 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, if you not get any response from the builder then you can file a compliant before the Consumer Forum 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

you must know that a builder is not authorized to sell car parking spaces as individual real estate units. Back in 2010, the Supreme court had banned the sale of parking spaces across the country. 

What are the different types of two wheeler and car parking?

  1. Open Parking – These are uncovered parking spots within the apartment complex premises.
  2. Stilt Parking – These are partially covered parking spots on the ground floor of the apartment complex.
  3. Garage Parking – Fully covered complete parking structures. 

 

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.

The RERA or Real Estate (Regulation and development) Act, 2016 only spoke of covered parking space but the rules did not include open parking. Hence, a developer was fully entitled to sell covered parking but open parking couldn’t be sold. 

In 2017, the Ministry of Housing and Urban Poverty Alleviation specified that in Section 2 (n) of the RERA Act, common areas include open parking spaces and thus, open parking spaces cannot be sold to allottees. 

However since you have already purchased the same and have a receipt for the same similar to others who bought the parking space, you are entitled to use the parking space allotted to you.

However putting a shed over the space allotted to you would be considered as a structural change, hence you better obtain permission from the Association before taking any steps in this regard

T Kalaiselvan
Advocate, Vellore
87810 Answers
2365 Consultations

Dear sir,

The builder is not authorized to sell car parking as individual real estate units and such is banned by Supreme Court.

since the parking lot comes under the purview of the common area, it is meant for public use.

Since you have purchased the area and have receipt of the same, you are entitled to use your parking area, but if you're putting a shed to it, the structure of the parking lot changes, and hence permission from society is required.

Thank you

Anik Miu
Advocate, Bangalore
10425 Answers
121 Consultations

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