Can Your Parking Space be Sold by the Developer?

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Can Your Parking Space be Sold by the
Developer? March 19, 2018 Real Estate
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The parking space is the premium necessity in
present times and the developers at times take
advantage of the necessity and try to earn some
money by selling their parking space to the home
buyers. They do lure the home buyers by providing
attractive discounts and home buyers to all into
the trap thinking that they will buy in some
extra parking space and well them to other home
buyers. But, selling the parking space is
actually illegal. Car parking is a part of the
common area of the society which cannot be sold.
The developers have no right to charge for space.
In 2010, Supreme Court has held that the
developers or builders have no right to sell the
parking to the apartment owners which includes
stilt parking or the garage. You have bought the
parking slot. Can you keep it? As the sale of the
parking area has become illegal, it is the
purchase as well which has become invalid. In
January 2016, Delhi High Court had ruled in the
favor of the parking per flat or apartment. The
court held that the parking should be permitted
specifically in the area meant for the purpose
and not in other common areas. Will you get the
money back? As law restraints, the developers
from selling the parking spaces, they have built
a clever way to evade the rules. They don't
charge separately for parking space but have
certainly included it in the cost of the sold
property. If the buyer and the seller agreement
mentions the parking area of the car as a
separate item or the home buyer can produce other
evidence of buying it, however, he can definitely
challenge the developer. Is it compulsory to
provide parking space? Whenever a builder
develops an area, he has to take the development
permission and
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the commencement certificate from authorities
concerned. To get all these approvals, he has to
mandatorily submit the plan of the building which
basically includes the area that embarked on
parking. The model of the building bye-laws the
Ministry of Urban Development mandate to the
presence of parking space in the housing
complexes.
- What Will You Choose- Gated community or
Standalone building?
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