Parking Issue

Dear Client,
A Schedule of property in a deed of conveyance/Sale specifies the volume of property, including a covered car parking garage or excluding the same. Open /Stilt parking, visitor parking, and basement parking are not included in the FSI (Floor Space Index) calculation and accordingly do not appear in the schedule of the deed. Stilt parking means partially covered spaces on the ground floor or basement of a building, with a 8-foot ceiling height from the ground. The builder, as well as the housing society, possess ownership rights over these parking spaces. As per the Real Estate Regulatory Authority (RERA) Act of 2016, builders are allowed to sell covered garage spaces separately. However, open or stilt parking spaces are considered common amenities and cannot be charged separately. These kinds of irrational issues are common, especially among flat owners of a standalone apartment of 6/7 units of flat, and have been faced by apartment owners across the country. In the absence of a registered Society/RWA, owners have no gateway to lodge or redress their grievances. Moreover, in the absence of sufficient common spaces under the basement of the building, there is no way to resolve the issue. So, it is always advisable to resolve the issues mutually and amicably through open discussion with the co-residents because any litigation may drag you for a couple of months/years, damaging the cordial relationship between the residents of the building that is essentially required for peaceful co-existence.