Open Parking Allocation post RERA is legal?
3 years ago
Hi
I purchased a 2BHK flat in Pune post RERA implementation. My index 2 and sale agreement has mention of word parking. Builder is allocating me Open parking saying its as per agreement.
Is it valid? Can builder allocate OPEN parking even post RERA. If yes, can society put a charge on the parking spot saying its common area and yearly rental will be applicable.
What are my legal rights here?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
Under Section 2 (n) (iii) of Real Estate (Regulation and Development) Act, 2016 parking is included in common area. Whatever charge is applicable on common area is applicable to parking also. Only garage is enclosure on three sides, not parking.
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Under Section 2 (n) (iii) of Real Estate (Regulation and Development) Act, 2016 parking is included in common area. Whatever charge is applicable on common area is applicable to parking also. Only garage is enclosure on three sides, not parking.
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A.Hi,
Parking is remembered for basic region. Whatever charge is material on regular zone is relevant to parking too. Just carport is nook on three sides, not parking, as under Section 2 (n) (iii) of Real Estate (Regulation and Development) Act, 2016.
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Parking is remembered for basic region. Whatever charge is material on regular zone is relevant to parking too. Just carport is nook on three sides, not parking, as under Section 2 (n) (iii) of Real Estate (Regulation and Development) Act, 2016.
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A.Dear Sir,
As per Supreme Court directions a flat without parking place is in complete. The builder cannot provide unsecured open parking place. You may approach RERA or Consumer Forum.
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As per Supreme Court directions a flat without parking place is in complete. The builder cannot provide unsecured open parking place. You may approach RERA or Consumer Forum.
Rate me Five Star*
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