Parking slot allocation & dcr
KP
(Querist) 24 October 2015
This query is : Resolved
I have booked a flat in an under construction project where the carpet area of the flats fall into different groups ie
1. above 70 sq mtrs
2. above 45 sq mtrs but less than 70
3. above 35 sq mtrs but less than 45
The number of parking slots is less than the total number of overall flats.
Can the builder allot parking letters to the flat buyers in the first group as the DCR rules have a stipulation of 1 car park per flat. If, yes will this be binding upon the Society later when it is formed.
Hemant Agarwal
(Expert) 24 October 2015
1. AFTER registration, the Society has lawful jurisdiction to "re-allocate" all parking spaces, on rotational basis, as may be decided in a duly held General Body meeting, without any reference to members rights on the parking slots allocated by the builder /developer.
Keep Smiling .... Hemant Agarwal
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K.S.Srinivas
(Expert) 24 October 2015
I agree with Sri Hemant Agarwal.
KP
(Querist) 25 October 2015
An opinion from another forum found on the rights provided by DCR.
Should the allotment of parking spaces / stilts shall be made by the committee on the basis of �first come first served� for unsold and available parking space?
The common parking area / stilts is the property of the said society as per the said High Court order and also as per the various provisions of DCR & MOFA Act. But, be advised that this common parking area does not include the parking space that is reserved for each flat as per the provisions of DCR.
KP
(Querist) 25 October 2015
Some more inputs:
BMC’S PARKING RULES FOR HOUSING SOCIETIES
While buying a flat, one should keep in mind that parking is either stilt parking, which is in the basement of the building, or open parking
Find out from the builder if he/she is selling the space or not. By law, a builder can only sell flats. Unless the builder has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space
By law, a builder can only sell flats that have been constructed with FSI. Open spaces such as terraces or parking lots have to be conveyed to the cooperative Society
As per Section 36 (2) of the Development Control Rules, in Malabar Hill, Cumballa Hill, Fort, Colaba, Pali Hill (Bandra), Juhu Vile Parle Development Scheme, Sassoon Docks and Jagmohandas Marg (Nepean Sea Road), one parking space is to be allotted for every:
Tenement with a carpet area up to 45 sq m 2/3 tenement with carpet area exceeding 45 sq m, but not exceeding 100 sq m 1/2 tenement with carpet area exceeding 100 sq m In addition to parking spaces for these three categories, at least 25% of the entire parking space should be reserved for visitors
In the rest of the island city, the suburbs and the extended suburbs, one parking space is to be allotted for every:
4 tenements with carpet area above 35 sq m
2 tenements with carpet area exceeding 45 sq m, but not exceeding 70 sq m
1 tenement with carpet area exceeding 70 sq m
In addition to parking spaces for these three categories, at least 10% of the entire parking space should be reserved for visitors.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
The author has quoted the relevant rules governing the issue, now what is the query about?, if the builder is not allotting the parking area as per the agreement or the rules meant for it he has to approach this issue legally or can terminate the sale agreement quoting the same as reason for such an act.
Hemant Agarwal
(Expert) 31 October 2015
1. BMC (a local body) rules are under the parameters of the MRTP Act.
2. BMC & Fire dept., may specify number of parking spaces. Nothing more. PERIOD. BMC "cannot" define or allot any parking spaces to "any flat-owner", in its records.
3. Parking spaces under MRTP & MOFA are "FSI-Free" and hence cannot be sole /purchased, in any manner, without any further reference.
4. Builder has no right to sell or allot parking spaces, to whosoever Hence there is no question of any "Agreement" for parking spaces, which shall be "null & void" abinitio.
Keep Smiling .... Hemant Agarwal
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