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- Originally Posted by sid81sMy father has purchased a flat in a Unitech project at Kolkata. For the same the promoter has charged the Basic Sale Price, Club Membership, Maintenance Charges and Open Car Parking Charges. The Open Car Parking charges is of around 2 lakhs.
All other charges seems to be OK except for the open car parking charges. I have came to know that as per the Supreme Court norms, if a promoter is offering an open car park then that promoter can't charge the buyer for the same. The case for closed car park is different.
Please let me know if the promoter has done so and sold the open car park, then what are the probable action that my father can take as a buyer??
DNA News - Developers cannot sell Open Spaces and Stilt Areas - Supreme Court
Hindustan Times - Parking Areas cannot be sold as Flats or Garages
Indian Express - Builders Cannot charge Extra for Stilt Parking Spaces and Common Areas - SC
Yes Its Illegal to sell...Check the Sources of the News
- Whether selling an open car park is legal or not is pretty unclear. However, how the open car park is made and whether it can pose a threat to that community is a bigger question. Here is a good article on Open car parking in India. Click that link and you may feel responsible enough not to buy one!CommentQuote0Flag
- It's now illegal to sell open parking areas. Stilt parking spaces (open parking areas) are not builders' property and it is not attached with the apartment. Stilt parking spaces are meant for only public use. Selling this space by the builders is truly illegal. I would suggest not to buy this kind of space.CommentQuote0Flag
- Selling of open car park is illegal, full stop.
Now selling open car park as xyz is not illegal. Including open car park cost inside your BSP is not illegal. Selling open car park as buy 1 get 1 free with covered car park is not illegal. Selling open car park as other cost is not illegal.
Point is, builders are much more smarter than you and they have 101 ways to make the illegal to legal.
Be practical and decision is yours.CommentQuote0Flag
- if you did not pay for open parking then the builder would charge more for your flats only. Please see in the map whether open parking has the approval of the authorityCommentQuote0Flag
- Buying a house? Don't let your developer fool you about parking space - timesofindia-economictimes
Vishwanath Sahu, a 40-year-old cinematographer, regrets buying a second parking slot at his society in Mumbai. "I was among the first buyers in the project. The developer told me that he had a few extra parking slots, which he would sell for Rs 1 lakh," says Sahu. So, he went ahead with the purchase thinking he was getting it at a throwaway price. "I planned to sell it to another member at a higher rate, but now I am unable to do so because buying and selling of parking slots is not permitted," he says. Sahu paid a heavy price for his ignorance of the bylaws that govern parking space. Since the shortage of parking space in metros is spawning several other malpractices, here are the things you should be aware of.
Can car parking slots be sold?
No, they can't. According to Ravi Goenka, a high court advocate with Goenka Law Associates, "Car parking and open terraces are a part of the society's common area. They are not part of the FSI (floor space index) allotted to the developer. Hence, he has no right to charge any money for this space. Developers can only sell this space if they can prove that they have used the FSI allotted to them to develop it."
The legal precedent comes from a 2010 Supreme Court ruling, which stated that buyers need not pay extra money to buy parking spaces, either open or closed, from property developers. The judgement delivered by Justices R M Lodha and A K Patnaik rejected the real estate development firm Nahalchand Laloochand's argument that they were entitled to sell garages and stilt parking areas separately. According to the ruling, "Stilt parking spaces do not cease to be a part of the common area and facilities merely because the promoter has not described them as such in the agreement with the flat purchaser. The promoter has no right to sell any portion of the building which is not a flat."
The Apartment Acts of most states also say that selling of parking area is against the definition of 'common area and facilities'. The Apartment Act of Haryana, for instance, specifies common area as the land on which the building is located, and includes halls, stairs, lobbies, stairways, fire escapes, building's entrances and exits, basement, cellars, yards, gardens, parking areas and storage spaces within the premises. "In a recent judgement, the Competition Commission of India, too, pointed out that the parking area cannot be charged for separately and must form a part of the common area and facilities," says Sachin Sandhir, MD, RICS South Asia.
If a developer charges you separately for car parking, you can seek redressal in a consumer court at the city or state level. In September 2013, the Central Mumbai District Consumer Disputes Redressal Forum directed Tata Housing Development Company to refund Rs 50,000 to one Suresh Mehta. This was the amount Mehta had paid for a parking slot at its Betegaon, Palghar project. He was also awarded a compensation of Rs 20,000.
Having bought a slot, can you keep it?
Since the sale of car parking slots is illegal, its purchase also becomes null and void. After a housing society has been registered and taken charge, it becomes the owner of all parking spaces within the project.
Can you get your money back?
Should you invest in floating rate deposits? Page 9 way to circumvent this rule. They no longer charge for it as a separate item. Instead, its cost is built into the apartment's price. "Since parking slots are not charged for separately, the question of claiming the cost from the developer does not arise," says Subhankar Mitra, head of strategy, consulting (West), Jones Lang Lasalle India. However, 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.
How will limited slots be distributed?
If a housing society has a limited number of parking slots, their distribution is decided by the society's managing committee in consultation with the members. Usually, slots are first allotted on a first come, first serve basis. If the number of cars exceeds the slots available, allotment is done through an annual draw of lots. Some members could be denied a slot. Says Goenka: "Many societies periodically reshuffle parking slots so that no member can claim ownership of slots, and there are no disputes over preferred slots." Extra parking slots can't be allotted to a member until every member has been given at least one slot.
Is it mandatory to provide parking space?
According to Regulation 36 of the Development Control Regulations (1991) for Greater Bombay, whenever a property is developed or redeveloped, parking spaces have to be provided in accordance with the guidelines in the DCR. Before a builder can develop or redevelop a project, he needs to obtain the development permission and a commencement certificate. "To get these approvals, he needs to submit a building plan, which includes the details of the parking spaces provided. If he does not provide these spaces in accordance with the DCR, he will not get these approvals," says Aakansha Joshi, senior associate, Economics Laws Practice. Adds Sandhir: "The model building bylaws of the Town and Country Planning Organisation, Ministry of Urban Development, Government of India, specifies mandatory parking space for units in a housing development, and so does the National Building Code (NBC) of India.CommentQuote0Flag
- we reside in a housing society where monthly maintainence charges are about Rs. 3000/- pm. Society has proposed extra for monthly car parking charges to all flat owners who bears more than 1 veh.
Also they have proposed extra GST on car parking.
Whether this correct