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chandra hebbar (network engineer)     28 April 2014

Can builder sell car parking area

Dear Sir,

I have recently purchased under construction apartment ,and during agreement builder asked me to pay separate amount (1 lakh 50,000) for car parking.But I have not purchased.As per supreme court builder cant sell 

car parking ,even it is purchased its not legal.Can you pleaase help me how i can proceed.





 6 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     30 April 2014

The Hon'ble Supreme Court of India categorically held as follows:-


The promoter has no right to sell any portion of such building which is not ‘flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.”


  Thus , it is clear that the builder can sell only the flat not the common area which includes the space usable for car parking.

chandra hebbar (network engineer)     30 April 2014

Dear Sir,

But promoter instructed me that if i have nort purchased now, after cpmletion of apartment i am not eligible to park my vehicle.Now i am in dilemma,so how legally i can challange.Please help me out.



Chandra Hebbar


theres nothing to worry about, once society is made then u can park ur car , if all flat owners do not purchase parking, then the builder will have to leave the parking space as it is

so dont worry

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     03 May 2014

The stilt parking spaces cannot be put on sale by the developer as he ceases to have any title on the same as soon as the occupation certificate is issued and it becomes the property of the society on its registration. The stilt parking spaces cannot be termed as `open/covered garages'  for sale of covered/open garage in addition to the flat.  It is immaterial if the purchase agreement does not include stilt car parking spaces in the common area of amenities. The stilt car parking spaces is part of the common amenities and it cannot be treated to be a separate premises/garage which could be sold by the developer to any of the members of the society or an outsider.

Abhishek Gupta   02 July 2016

sir, i need to know, A complex has a lower basement which is actually for the purpose of parking space (as alloted),however,builder has constructed the units in the same and has sold or providing the same on rent, now one of the owner has approched to sell the property through proper registry rather than agreement. Thus i need to know whether purchasing the said property would be legal in law, as the same space is alloted for parking area.

the said property is in the heart of city,and because of the same issue the property has market value bit lower .

thanks in advance...


Please note I raised this topic again after searching because  today's times of India newspaper wrote new Act Real Estate Act 2016 passed by parliament allows car parking to be sold 

So maybe this issue requires re- study again by all . 






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