• Parking space

I own 2 houses in same society. One house is 2 bhk with stilt parking mentioned in agreement. The place of parking with number is given by seperate letter by builder. Another house 3 bhk where parking is not mentioned in agreement but letter of allotment is issues and it is stack parking.
I want to sell my 2 bhk flat but want to retain parking. I want to know whether I can swap my parking space between 2 flats and sell my 2 bhk with stack parking and keep stilt parking for 3 bhk flat.
Asked 3 years ago in Property Law
Religion: Hindu

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7 Answers

You can sell your 2 bedroom flat and request society 

to swap your parking slot 

 

since parking slot is only allotted to you it is at discretion of society to grant or refuse your request 

Ajay Sethi
Advocate, Mumbai
97779 Answers
7921 Consultations

The parking space belongs to the society/association after the the same is formed.

Even though the members who are allotted with the parking space are permitted to use them for their own use till such ti,me they remain owner of the flat/apartment, they are not permitted to sell the parking space at the time of selling the flat/apartment.

According to bye-laws, a member shall have no right to sell or transfer parking slots allotted by the society.

According to RERA Act (2016), 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 a 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.

T Kalaiselvan
Advocate, Vellore
87979 Answers
2369 Consultations

It is very much possible with the permission of society. You are not seeking exclusive parking, you only want to swap parking space. Write to Society seeking such permission. Check bylaws of society. If there is no any rule that parking can only be clubbed to house, you can certainly obtain parking desired by you.

Ravi Shinde
Advocate, Hyderabad
4553 Answers
42 Consultations

That cannot be done 

Parking space is the property of the society which comes under common area 

Even if your society has ratified the allotment of parking done by the builder, it would not mean that the member becomes the exclusive owner of the parking 

If parking is mentioned specifically in the agreement of one flat then it cannot be swapped with another flat all the more 

Even the buyer I guess will not accept that unless there is a society NOC for it 

Yusuf Rampurawala
Advocate, Mumbai
7781 Answers
79 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, legally you cannot sell the parking space with the flat , however for retaining the same you can approach the society management as you are already a member of the society vide other flat. 

Mohammed Shahzad
Advocate, Delhi
14878 Answers
225 Consultations

Yes you can swap the same with internal arrangements. 

Prashant Nayak
Advocate, Mumbai
33067 Answers
215 Consultations

Dear clients,
     you can't able to sale 2 bhk flat without parking. 

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

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