Can Your Parking Space Get Sold by The Developer? Know Here
Oct 28, 2017 Home Trading Steps
Parking space is a premium necessity today. And builders often take advantage of this necessity and try to earn money by selling the parking space to the buyers. They lure the buyers by giving attractive discounts and buyers fall into their trap thinking they will buy some extra parking space and will sell them to other buyers. But selling parking space is actually illegal.
So here are some important facts that you as a consumer should know:
The parking lot is for sale: No, that is absolutely wrong. The parking area comes under the common area of a society which cannot be put on sale. In 2010, the Supreme Court has mentioned that developers do not have any right to sell parking space to the buyers that include garages or stilt parking as well.
Can you keep the parking space you have bought: So as selling a parking space is illegal, its purchase also becomes unacceptable. The Delhi High Court in the year 2016, has announced the rule of having one parking area per flat. The court stated that the parking should be done only in those areas that are specifically meant for the parking purpose and not in any other common areas.
Getting the money back spent on the parking space: According to the law, it is illegal to sell a parking space. But nowadays builders or developers include the charge for the parking space in the total price of the property. If the buyer can produce any evidence that the builder has charged them for the parking space or if it is separately mentioned in the buyer seller agreement, in that case, the buyer can challenge the builder for the same.
The compulsion to provide parking space: As per the model building bylaws of the Ministry of Urban Development, it is compulsory to include parking space in housing societies. So it gets mandatory for a builder to take commencement certificate and development permission from the authorities, whenever he plans to develop an area. For all these the builder is required to submit the plan including the area marked for parking. Hence, the presence of parking space in housing complexes is mandatory for the owner which is to be provided by the builder only.
Therefore if your builder tries to sell parking space by offering attractive discounts then you know what you need to do. And be aware, keep these pointers, know your rights as a consumer.
So here are some important facts that you as a consumer should know:
The parking lot is for sale: No, that is absolutely wrong. The parking area comes under the common area of a society which cannot be put on sale. In 2010, the Supreme Court has mentioned that developers do not have any right to sell parking space to the buyers that include garages or stilt parking as well.
Can you keep the parking space you have bought: So as selling a parking space is illegal, its purchase also becomes unacceptable. The Delhi High Court in the year 2016, has announced the rule of having one parking area per flat. The court stated that the parking should be done only in those areas that are specifically meant for the parking purpose and not in any other common areas.
Getting the money back spent on the parking space: According to the law, it is illegal to sell a parking space. But nowadays builders or developers include the charge for the parking space in the total price of the property. If the buyer can produce any evidence that the builder has charged them for the parking space or if it is separately mentioned in the buyer seller agreement, in that case, the buyer can challenge the builder for the same.
The compulsion to provide parking space: As per the model building bylaws of the Ministry of Urban Development, it is compulsory to include parking space in housing societies. So it gets mandatory for a builder to take commencement certificate and development permission from the authorities, whenever he plans to develop an area. For all these the builder is required to submit the plan including the area marked for parking. Hence, the presence of parking space in housing complexes is mandatory for the owner which is to be provided by the builder only.
Therefore if your builder tries to sell parking space by offering attractive discounts then you know what you need to do. And be aware, keep these pointers, know your rights as a consumer.
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