Builders May Sell Parking Spaces. That Is It legal?
Builders May Sell Parking Spaces : Is it acceptable and permitted for a builder to sell a parking spot within a house development? Parking restrictions, whether they pertain to open areas or stilted parking, may be confusing. The article from navimumbaihouses.com describes how builders frequently take advantage of this and abandon homebuyers in the lurch and how you can safeguard your interests.
One of the many concerns that cause confusion and disagreements among housing society members is parking space, therefore a buyer must be completely clear about the availability of parking places, whether it is open or stilt parking. In housing and cooperative organisations, stilt parking is a well-liked substitute for open parking. Stilt parking is often common in large cities like Mumbai and Delhi, where the construction of vertical real estate is the main focus because to a lack of available land. The question of whether or not a developer may sell a parking space poses a significant issue, though. Let’s first clarify the distinction between stilt and open parking spots before moving on to the answer.
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What distinguishes open parking from parking on stilts?
A stilt parking is a ground-floor parking place that is only partially covered. A stilt parking lot can be anywhere between 2.4 and 2.7 metres high. The open parking is distinct from other areas of the project and is a certified open space. Additionally, several developments have designated guest parking spaces outside the housing society.
What are the regulations for parking?
It is now mandatory for developers to provide stilt parking in all new housing societies as a result of many changes to the legislation. All new complexes of 100 to 1,000 square metres must have stilt parking. However, the Floor Area Ratio (FAR) does not account for stilt parking. For instance, if a builder were to receive clearance for a four-story structure, the vertical space set aside for stilt parking construction would not be included.
Can parking spots be sold to purchasers by real estate developers?
Open parking spaces are regarded as common places under the Real Estate (Regulation and Development Act), (RERA) 2016, which was passed. Similarly, garages are places within a project that have a roof and walls on three sides for parking any car; open or stilt parking spots are not considered garages. High-rise communities do not have a complete policy governing parking spots. In housing societies, parking spaces are accounted for as shared utilities.
In addition to the real estate legislation. The regulations governing the building of apartments in a number of States indicate that the parking facility belongs to the common spaces and is not included in the floor area ratio given to the developer. Parking spots in a residential community thus belong to all of the stakeholders. And a developer is not allowed to lawfully sell them.
Builders May Sell Parking Spaces : What regulations apply to parking areas?
Attorney at the Meghalaya High Court, “Section 2 (n) of RERA defines common areas while Section 2 (n)(iii) defines open parking areas, and Section 17 says that the promoter is liable to transfer the society title in the common areas and handover the possession of common areas to the society, which presupposes that it cannot be sold to an individual allottee. In 2010, the Supreme Court of India made a historic ruling while taking note of the aforementioned points.
As the Occupancy Certificate (OC) is being used by the relevant corporation and becomes the society’s property in its registration. The developer is unable to sell the stilt parking spaces to owners who intend to use them as parking facilities as they no longer possess any separate title. Therefore, a developer cannot sell stilt parking. In 2017, the Government of India’s Ministry of Housing and Urban Poverty Alleviation made it clear that open parking spots are considered common places under Section 2(n) of the RERA Act. And cannot thus be sold.
Builders May Sell Parking Spaces : How are parking spots assigned?
The Residents Welfare Association (RWA). Normally assigns parking places to members on a first-come, first-served basis since parking spaces in housing societies are scarce. Additionally, the National Building Code and the model building rules both provide that every residence in a housing complex ought to have a parking spot. At least one parking space must be provided by the builder for each unit.
If a parking spot has already been purchased, what options are there?
Parking lot purchases are no longer valid since parking lot sales are no longer permitted. In January 2016, the Delhi High Court decided that each flat needed a parking spot. The court ruled that parking should only be allowed in spots set aside for that purpose, not in other public spaces.
Can a buyer contest the parking space transaction and receive a refund?
If you are paying for it, be certain that covered parking is mentioned in your builder-buyer agreement. This is because developers are not permitted by law to sell parking spots separately; as a result, they typically include them in the price of the property. However, the buyer can dispute the developer and seek remedy through the District Consumer Dispute Redressal Forum or the relevant RERA Authority. If the builder-buyer agreement does not specifically identify vehicle parking as a separate item or if the buyer. Can present other proof that he purchased it.
How secure are structures with elevated parking?
There have been questions raised concerning the security of buildings constructed with stilt parking. In a 2007 earthquake guideline titled “Handbook on Seismic Retrofit of Buildings.” The Central Public Works Department listed stilt buildings as one of the main difficulties of masonry construction. A ground level without walls (for parking) is subject to collapse, according to the manual. On the other hand, architects and municipal authorities contend that strong design principles may make structures earthquake-resistant.
Therefore, a parking spot is not considered a “garage.” much less a “flat.” and it cannot be sold separately because it is a component of the common facilities. Any area of the building that is neither a flat nor its accessory may not be sold by the developer.
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