For Marathi translation of this blog ๐https://engineerpravinkadam.blogspot.com/2020/11/blog-post.html
'Parking' is an intimate subject when buying a flat in the society. There are many misconceptions about whether a builder can sell a flat as well as a parking lot. Let's take a brief look at the legal information about this. Let us briefly look at the legal information about this.
Two types of parking are generally recognized by law.
1. Common / open parking and stealth parking and
2. Covered / Garage Parking .
๐ The Maharashtra Ownership Flats Act (MOFA) 1963 and the recently passed Rera Act discuss the duties, responsibilities and rights of builder-promoters and the rights of flat customers. It also includes common space, amenities. Although the Rera Act has been passed, the Mofa Act has not been repealed by it and the provisions of the Mofa Act apply as long as they do not go against the Rera Act.
The Development Control Rules approved by the Government have been implemented by the Pune Municipal Corporation and are subject to change from time to time. According to this regulation, according to the number of flats, the calculation of how much parking should be provided for bicycles, two-wheelers and four-wheelers is given. According to this calculation, the construction plan of the building is not approved by the municipality without giving information about how much parking has been provided in the respective building. That is why parking is mandatory in every multi-storey building.
๐ Common / open parking and stealth parking cannot be sold to builder
In the past, it was the responsibility of the builder to mention in the advertisement what the common areas and facilities would be like under the Mofa Act. Section 2 (n) of the RERA Act now gives a clear list of common areas and facilities, while subsection (iii) clearly mentions base parking, terraces, parks, play areas as well as open parking in common facilities. Is. This open parking also includes "stealth parking". In fact, its meaning is hidden in the name "Common". An important decision on this question was taken by Hon'ble Supreme Court, "Nahalchand Lalunchand Pvt. Ltd. Virudh Panchali Co.Op. Society (A.I.R. 2010 SC 3607) ', it is still applicable today.
In this case, Hon. While upholding the judgment of the Mumbai High Court, Hon. The Supreme Court noted that common or open parking does not fit the definition of "flat" in some MoFA laws and therefore the builder has no right to sell it. Similarly, the builder does not have the right to sell "stealth" parking as a garage; When selling a flat, the common area payments are taken by the builder from each flat holder in proportion to the carpet area of the flat, so there is no financial loss to the builder. The Supreme Court has ruled. Therefore, such open or stealth parking cannot be sold to the builder, as its use is common. Similarly, after the completion of the construction of the building, the builder is bound to make a purchase deed of both the land and the building on it in the name of the society. That is why such open space cannot be sold to the builder as a flat holder as parking.
To read in detail about real estate act 2016 you can reffer this book.
๐ Covered / Garage parking can be sold to builder
"A parking space in a building that is enclosed by a wall on all three sides and has a roof above, but does not include an enclosed parking space such as an open parking lot" is defined as "garage" under Section 2 (y) of the Rera Act. This is what we call 'covered parking' in practical terms. However, the definition of covered parking under RERA Rules 2 (j) is slightly different from that of closed or covered parking spaces approved as per the construction regulations. This includes "mechanized parking" currently available. F. published on the web site of Maharashtra. A. In response to Q (Frequently Asked Questions) No. 9, common parking cannot be sold in reply, but it is mentioned that 'covered parking' can be sold as mentioned in Rule 2 (j). Similarly, if you look at the draft agreement given in the Rera Act, it also shows that covered parking can be sold, but its price has to be shown separately from the price of the flat. There have also been cases of some members creating their own 'covered' parking lots by putting iron grills against the approved map in the open common parking lot, but this is not expected by law.
๐Society and parking
Society by Lodge no. The General Body has the power to decide on parking rules, parking fees, etc. as per 72-84 parking. This is the subject of a separate article.
We briefly explained where parking can be sold or not by law. But whether any law applies depends on the background of the case. Although the law is in place, it is still limited given the number of vehicles available.
There is no space for car parking at home or at work, so many people are now considering options like Ola-Uber. Suppose the issue of covered parking is resolved, but there is a lot of debate in societies over common parking, and in such cases, first-come, first-served, lottery-fixing and annual slots are decided by by-laws. In this way, it is more appropriate for everyone to discriminate.
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Keywords # maharera # builders rights # civil engineering # building laws and regulations #
