Is Parking Space for Sale? Know the Truth!
Sep 28, 2016 Home Trading Steps
During the purchase of residential property, you must have been in a situation wherein the builder as you to pay extra for the parking space. But do you know that it is illegal to sell or buy a parking space? Builders often fool the buyers with this trick to earn more money which is not ethically wrong.
So keep yourself aware and know the basic truth about your rights being a consumer.
So keep yourself aware and know the basic truth about your rights being a consumer.
- Parking space is not for sale: the car parking space is a part of the common area of the society; hence it can not be sold. According to Supreme Court, the builders or the developers do not have any right to sell the parking spaces which includes garages and stilt parking to the flat owners or buyers.
- What if you have already purchased the parking space: not only just sell but the purchase of a parking space is also illegal. Delhi High Court in January 2016 has specified one parking per flat. The apex body also held that parking should not be permitted in the common areas but to only those areas which are specifically meant for parking purpose.
- Can you get back the money paid for booking the parking space: due to the fact that the law for this factor has become stringent; hence, developers have come up with new tactics to charge this fees. What they do is, they include the so-called parking lot amount in total cost of the property rather charging it separately. Therefore, the buyers need to be very careful. If the car parking charge is mentioned as a separate amount in the builder-buyer agreement, in that case, the buyer can show this evidence and challenge for the money back.
- Is it compulsory for the developer to provide the parking space: according to the model building bylaws of the Ministry of Urban Development, the presence of parking space is mandatory in a housing societies or complexes. So, when a builder or developer plan to develop a project, he is supposed to take respective permission and commence certificates from the concerned authorities. As a part of the approval process, the builder has to submit building plan while marking different areas. Same in case of parking, the builder needs to earmark the parking space in the plan and then submit.
Keep these important factors in mind and don’t get fooled by builder’s tactics for earning more money in the name of parking space.
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Shibu S Das
2016-10-16 17:24:07U r correct but En cruse ment is a curse of society today and govt body not done there job after some time public also know that there is not any good guidance of government not any where. ........like a place in T. T. Nagar (PANCHSHEEL NAGAR to Bengali colony MAIN ROAD is encruse d by there shopkeeper and residential house open shop encruse 10 fit road ) that's why public is purchased this parking.....
