Stilt car parking

Q: I have bought a 2 BHK flat with a stilt car parking. Builder charged 2 lakh additional for stilt car parking which is included in the registered agreement cost. Car parking allotment with number mentioned in the agreement. Please advice if it's sufficient to claim ownership on this stilt car parking under the new rules and regulations for sale of car parking.

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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Replies (3)

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. If builder is further insisting for additional car parking charges then file suit in the consumer forum.

pradyumanapte, Mumbai

8th July 2016

Comment

Yes, 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. 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

thanks for sharing.

liyans, Kolkata

8th July 2016

Comment

as of my understanding stilt car parking is part of the super area of which you must be paying therefore asking double payment is unlawful refer to building regulations

Ashwaane Kumar Singhal,

7th July 2016

Comment