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Can Builder Sell Parking Slots under RERA in Maharashtra ?
25-Sep-2023 (In Property Law)
As per amendment in RERA from government of Maharashtra, can builder sell stilt and open parking now ? If yes then are older allotment from builder is legal ? I am staying in society since last 7 years where only few members has been alloted stilt and open parking by the builder. Society is following the allotment given by builder. Is it fare and legal that open area could be sealable and society is correct in following the same ?
As per your query
The new Real Estate ( Regulation and Development) Act 2016 is silent on sale of parking space separately. Although it has defined the parking space, garage and other parking facilities like sacks and elevators, but it is silent on sale of such amenities separately. Stilt or Open parking neither of them can be sold or purchased. All agreements making such provisions or all receipts for parking are illegal. A garage or covered parking also cannot be sold separately as the treatment is same as easement rights. The amenity is attached to apartment and in almost all Development Control Regulations and Town planning schemes in the country, parking provided to flats cannot be sold or purchased. In case the allotment being given by the builder, the society has the right to change the allotment for their members.
The new Real Estate ( Regulation and Development) Act 2016 is silent on sale of parking space separately. Although it has defined the parking space, garage and other parking facilities like sacks and elevators, but it is silent on sale of such amenities separately. Stilt or Open parking neither of them can be sold or purchased. All agreements making such provisions or all receipts for parking are illegal. A garage or covered parking also cannot be sold separately as the treatment is same as easement rights. The amenity is attached to apartment and in almost all Development Control Regulations and Town planning schemes in the country, parking provided to flats cannot be sold or purchased. In case the allotment being given by the builder, the society has the right to change the allotment for their members.
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Adv. Neelkanth Goswami
Thane | 200+ Answers
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How parking is allocated in apartment?
Parking spaces are shared spaces that belong to the housing association. The managing committee can decide how to allocate the parking spaces, either by First Come First Serve or any other method that they deem appropriate. The number of parking spaces is determined by the Layout Plan (LOP), as approved by BMC.
Is parking allotment letter from builder a legal document?
A property allotment is an important legal document for real estate transactions. The letter confirms to the buyer the allocation of the unit or property by the housing society, developer or builder. 13 Sept 2023
What is the Supreme Court decision on parking spaces?
In 2010, the Supreme Court of India ruled that developers could not sell stilt parking spaces as individual units. These spaces are common areas of the society and can only be sold as individual units. 29 Jun 2023
Can builder allocate open parking?
According to the Real Estate Regulatory Authority, builders are not allowed to sell covered or open parking spaces. Parking is a basic amenity that the housing society offers. Builders cannot charge for parking. 15 Sept 2022
According to the Real Estate Regulatory Authority, builders are prohibited from selling covered or open parking spaces. Parking is a basic amenity provided by housing societies. It is therefore illegal for builders and housing societies to charge their buyers for parking.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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