I am buying a flat from an investor in Thane. The builder was charging 3.5L for parking. The investor whom I am buying the flat from did not buy the parking at that time (1.5 years ago).

I am buying the ready possession flat from the investor. Based on recent changes to the Parking space selling laws, I believe that I am not supposed to pay anything to the builder to buy a parking space. I have read the articles about parking spaces in DNA/Hindustan times already.

However, I need advice from you guys regarding the following:

- Will I be able to park my car in any open space in the society after I get the possession without buying the parking space?
- Does the above apply for a stilt parking too?
- How does one have an ownership of a stilt parking space when they are not supposed to be bought/sold now?

Please answer this as soon as anyone can, I will be visiting the builder today to clarify these. If I have more information, I can discuss accordingly
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  • Originally Posted by rajsingh2505

    - Will I be able to park my car in any open space in the society after I get the possession without buying the parking space?


    No. Otherwise why would anybody pay for parking?

    Originally Posted by rajsingh2505

    - Does the above apply for a stilt parking too?


    Yes.

    Originally Posted by rajsingh2505

    - How does one have an ownership of a stilt parking space when they are not supposed to be bought/sold now?


    Unfortunately, you'll have to pay the builder or the investor to buy the parking. The laws are there - but no builder follows them - and unfortunately we, as buyers have to fork out whatever the builder demands.

    Generally, an investor flat price is all inclusive - i.e. you don't pay separately for the parking. But in this case I feel the flat has no parking at all i.e. the investor did not pay for it. If this is the case then you can drive the price of the house down (negotiate with investor) by 2l-3l - and then pay the builder 3l-3.5l to get a parking. This way you'll cushion the blow. Do this if you absolutely love the flat and want to buy it - otherwise look for a flat that already has a parking space allotted for it.

    Hope things work out for you!
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  • Korchha has rightly answered to your questions.

    Though I have read in so many places and news papers that open parking place should not be charged, still Builders are charging, as if no one can stop them.

    1) You cannot park inside society even in open space, if not paid for parking.

    2) Of course, you can't park in Stilt parking too, because it must have already allotted to someone or going to be allotted.

    3) You can buy the parking in 3 categories, as Open parking, Covered parking and stilt parking. Once you pay for the parking get some proof that you paid for parking and ask them to allot a Number for that parking space. Later, when you sell your flat, you can also sell the car parking, even for a better rate depend upon the market situation.

    Best way is to negotiate and get some discount either in your Flat's rate or in the Car Parking Rate, before finalizing the deal.

    Originally Posted by rajsingh2505

    However, I need advice from you guys regarding the following:

    - Will I be able to park my car in any open space in the society after I get the possession without buying the parking space?
    - Does the above apply for a stilt parking too?
    - How does one have an ownership of a stilt parking space when they are not supposed to be bought/sold now?
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  • wow, thats a totally opposite reply to what the law and newspapers state.

    If the builder cannot legally sell the parking space, what am I buying from them??
    There are open spaces in the building premises to park the car and I am sure there would be some of them remaining.
    The investor has already bought the flat and done the stamp duty, registration. So, why should I be dealing with the builder in the first place?
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  • The ruling is slightly ambiguous.
    Builder cannot sell open parking.. He can sell a parking along with the apartment, but not later in a separate agreement. So once he has sold all the houses.. if there are parkings, they belong to the society and the builder has no right to sell unless it is along with an apartment


    Originally Posted by rajsingh2505
    wow, thats a totally opposite reply to what the law and newspapers state.

    If the builder cannot legally sell the parking space, what am I buying from them??
    There are open spaces in the building premises to park the car and I am sure there would be some of them remaining.
    The investor has already bought the flat and done the stamp duty, registration. So, why should I be dealing with the builder in the first place?
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  • Even these days, builders dont show in the agreement that you have paid for parking. The cost is always included in the agreement value and it will be shown that you have been 'allotted' a parking. So if you dont have an allotted parking, it is up to the society to allot one to you. Now if everyone on the society has paid for their parking, there is no way anyone is going to allow you to park your vehicle for free. You can go the legal way, but its not going to be worth it. Instead get a clear deal with an allotted parking slot included.
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  • Thanks guys
    Sharpj: In my case, I am in a fix as the apartment is already sold to the investor without the parking. How can the builder include a parking in it (especially when the stamp duty and registration is been done already) ??
    Can you shed some light how do go about it?
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