Parking dispute with neighbour
1 year ago
I purchased a 100 sq yards builder floor in Delhi in 2020. The building comprises 3 floors UGF, 1st and 2nd and one two room set in parking area (this covers about half of parking area). I own 1st floor and rest are with Mr A. My property sale deed allows me to park a car at ground floor but Ground floor does not have sufficient parking for one car per flat. Moreover, Mr A claims that I can park only one hatchback car and nothing else, not even my scooty. He doesn't want to solve this problem amicably.
Can I -
1. take legal recourse for demarcation of my parking area? If yes, how?And
2. challenge construction of two room set at ground floor? If yes, under which law/rule?
A.Issue legal notice through advocate, then file suit for partition, seeking demarcation of your parking area.
According to the Real Estate (Regulation and Development) Act, (RERA) 2016, open-parking spaces are considered common areas. Similarly, garages are defined as areas within a project having a roof and walls on three sides for parking any vehicle but do not include open or stilt parking spaces. Parking spaces in high-rise societies are not subject to a comprehensive policy. The parking facilities in housing societies are counted as common facilities. Apart from the real estate act, the laws that govern the construction of apartments in several States specify that the car parking facility falls in common areas and is not a part of the floor area ratio assigned to the developer. As a result, parking spaces in a residential society belong to every stakeholder, and a developer is not entitled to sell them legally.
For challenging construction, we have to check building plan, whether plan was passed or not.
According to the Real Estate (Regulation and Development) Act, (RERA) 2016, open-parking spaces are considered common areas. Similarly, garages are defined as areas within a project having a roof and walls on three sides for parking any vehicle but do not include open or stilt parking spaces. Parking spaces in high-rise societies are not subject to a comprehensive policy. The parking facilities in housing societies are counted as common facilities. Apart from the real estate act, the laws that govern the construction of apartments in several States specify that the car parking facility falls in common areas and is not a part of the floor area ratio assigned to the developer. As a result, parking spaces in a residential society belong to every stakeholder, and a developer is not entitled to sell them legally.
For challenging construction, we have to check building plan, whether plan was passed or not.
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