I'm searching for an apartment to buy in kolkata. I've seen in each cost sheet of developer that parking lot is being sold . Is it illegal to sale parking lot ?
Abhishek DM 11 February 2024
I'm searching for an apartment to buy in kolkata. I've seen in each cost sheet of developer that parking lot is being sold . Is it illegal to sale parking lot ?
T. Kalaiselvan, Advocate (Advocate) 11 February 2024
The Supreme Court's decision reaffirmed that parking spaces are common facilities provided by society and cannot be sold separately.
Abhishek DM 12 February 2024
Hello Sir,
Namaskar.
Thank you sir for your kind reply. In my cost sheet it is clearly written 3 L for parking. How can I deal this with developer? Is there any notification or judgment report, so that I can show him.
T. Kalaiselvan, Advocate (Advocate) 12 February 2024
There are various judgments by high courts and supreme court stating that the builder cannot sell parking space other than covered parking.
You can get the judgment by browsing the internet on the subject
Dr. J C Vashista (Advocate ) 12 February 2024
i fully agree and appreciate the opinion and advise of learned expert Mr. T Kalaiselvan.
Sale of parking space is illegal.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 14 February 2024
As regards sale of parking lots court judgments are ambiguous. There is no flat judgment that parking lots cannot be sold by builders. Each judgment is specific to the laws and rules governing the case. Many read the heading and last sentence of the judgment and come to the conclusion. The areas outside of flats generally belong to the association that may be formed to govern the building. But if there are specific covered areas marked as parking lots in the approved plan, they could be saleable. Under the DCR in Mumbai specific number of parking lots including parking lots to visitors have to be provided. They could be open area parking and they cannot be sold. You have to see the RERA approved plan and agreement to find out whether the sale of the parking lot is legal. Nowadays many builders provide hydraulically operated stacked parking. Such parking lots could be sold.