Why Car Parking Sale is Not Allowed in India by Builders or Promoters

In India, the issue of car parking sale by builders or promoters has garnered significant attention due to its legal implications. Many builders offer parking spaces for sale along with apartments, leading to concerns about legal violations, consumer rights, and urban planning. Understanding why the sale of parking spaces is prohibited is crucial for both buyers and sellers, as it affects both the legality of transactions and the interests of property owners.

What is Car Parking Sale?

Car parking sale refers to the practice of selling parking spaces (usually in residential complexes) separately from the property or apartment being sold. While some builders or promoters offer parking spaces as a separate asset, it is generally not allowed under Indian law. Parking spaces are often considered a common area, meant to be shared by all residents, and cannot be sold or leased independently.

Key Legal Provisions Against Car Parking Sale

Real Estate (Regulation and Development) Act, 2016 (RERA)

The Real Estate (Regulation and Development) Act (RERA), 2016 prohibits builders and developers from selling car parking spaces as a separate commodity. The Act emphasizes that parking spaces are meant for the use of residents of a building and cannot be sold independently of the flats.

The selling of parking spaces violates the RERA guidelines which mandate that all common spaces must remain common and accessible to all residents.

National Building Code of India (NBC)

The National Building Code of India and the Development Control Regulations in various states clarify that parking spaces in residential buildings are part of the common amenities and cannot be individually sold or transferred.

Parking spaces are required to be used jointly by the residents and cannot be privatized or treated as exclusive property for sale.

Indian Contract Act, 1872

Under the Indian Contract Act, any contract made in violation of the law is void. Since selling parking spaces as individual property violates the above-mentioned provisions, such contracts are not enforceable and cannot be legally recognized.

The Consumer Protection Act, 2019

Under the Consumer Protection Act, builders who sell parking spaces without proper legal backing may be considered to be in violation of consumer rights. Residents can file complaints against promoters or builders who indulge in unfair trade practices by selling parking spaces separately.

State-specific Laws and Municipal Regulations

Many states in India have their own rules, regulations, and municipal corporation policies that prohibit the sale of parking spaces in residential complexes. These rules often emphasize the importance of shared community spaces and the common good.

How to Seek Legal Help

If you are affected by the illegal sale of parking spaces or facing disputes regarding car parking in your residential complex, here is how you can seek legal help:

Consult a Property Lawyer: Reach out to a lawyer specializing in real estate or consumer law to understand the specific legal provisions governing parking spaces in your state.
Check Developer/Builder Agreements: Review your sale deed or apartment agreement to determine if any illegal clauses related to parking spaces have been included.
File a Complaint: If you suspect illegal activity, you can file a complaint with RERA, the consumer forum, or your local municipal authority.
Consumer Protection: If the builder has promised parking but failed to provide it or has sold it illegally, you can approach the Consumer Court under the Consumer Protection Act.
Take Legal Action: If necessary, you may need to file a civil suit for recovery or seek an injunction against illegal sale or transfer of parking spaces.
Tips to Build a Strong CaseTo strengthen your case if you are involved in a dispute over illegal parking sale, follow these steps:
- Gather Documentation: Keep a record of the sale agreements, advertisements, and any written communications with the builder or promoter regarding the sale of parking spaces.
- Consult Fellow Residents: If the issue affects multiple residents, collect evidence from other apartment owners in your complex who may be similarly affected.
- Get Expert Opinions: Seek opinions from legal experts or real estate consultants who specialize in property law to understand your rights and the legal ramifications of the sale.
- File a Complaint: For unfair practices, file a complaint with consumer forums, and ensure that the evidence you provide is thorough and well-documented.

FAQs on Car Parking Sale in India

Is it legal to sell car parking spaces separately? No, under Indian law, car parking spaces are considered part of the common area in residential buildings and cannot be sold separately by builders or promoters.
What should I do if my builder is selling parking spaces? You should immediately consult a lawyer and file a complaint with RERA, the consumer forum, or your municipal corporation.
Can I buy parking spaces in residential buildings? While you may not be able to purchase parking spaces separately, parking spaces are generally available for use as part of the overall building agreement, subject to builder’s terms.
Are parking spaces considered part of the apartment sale? In some cases, builders may include parking spaces as part of the overall property sale, but they cannot sell it as an independent unit.
What penalties can builders face for selling parking spaces? Builders may face legal consequences including penalties, cancellation of sale deeds, and other legal action as per the relevant consumer protection and property laws.

Contact Us if you need Legal Support for Car Parking Issues

If you or someone you know is facing issues with the illegal sale of car parking spaces by builders or promoters, don’t hesitate to seek help. At www.the-legal.com, we provide expert legal consultation, services related to real estate law, RERA complaints, and consumer protection. Contact us today to ensure your rights are protected and take the first step toward resolving your issue.

Understanding the legal framework around car parking spaces in India is vital for anyone involved in property transactions. Sellers must adhere to real estate laws that protect the common good, while buyers should be aware of their legal rights. If you believe your parking space has been sold unlawfully, seek legal recourse to protect your interests.

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