I have bought a 2 BHK flat with a stilt car parking. Builder charged 2 lakh additional for stilt car parking which is in

Siddhartha Nautiyal,

6th July 2016

Legal in Anchor Park, Nalasopara East, Mumbai

car parking

stilt car parking charges

open car parking

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Don't pay any additional amount for car parking charges. And if builder is insisting then drag him to consumer forum or can suit a case against him.

Car parking and open terraces are a part of the society's common areas. They are not a part of the Floor Space Index (FSI). Hence, the builder has no right to charge any money for this space.

Apurva Nagpal, Pune

8th July 2016

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I agree with you Apurva. Developers can only sell this space if they can prove that they have used the FSI allotted to them to develop it. Even the Competition Commission of India (CCI), pointed out that the parking area cannot be charged separately and must form a part of the common area and facilities.

Ramesk Polekar, Mumbai

8th July 2016

Good evening Pradyuman And Shrikant!!!
the promoter has no right to sell any portion of such building which is not a ‘flat’ within the meaning of Section 2(A-1) and the entire land and building has to be conveyed to the organization. The only right that remains with the promoter is to sell unsold flats. Thus, it is clear that the promoter has no right to sell stilt parking spaces as these are neither flats nor apartments or attachments to a flat.

Ramesk Polekar, Mumbai

8th July 2016

Comment

Hi Siddhartha,
In 2010, the Supreme Court had ruled that open or stilt car parking area cannot be sold or treated as flat or garage and sold to individual flat owners, but at the best be treated as common area. These spaces are part of the common areas in flat complexes and not saleable independently as a flat or along with a flat.

pradyumanapte, Mumbai

8th July 2016

Comment

You are right Pradyuman. So, it is necessary for a promoter/developers/builders to disclose the common areas and facilities. Stilt parking spaces are usually not described as the part of the common areas. The same as such does not appear in the advertisement and agreement with the flat purchaser.

Shrikant Kejriwal, Mumbai

8th July 2016

thanks for sharing.

liyans, Kolkata

8th July 2016

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