Aditya Nikam (Team leader) 07 February 2018

Why reserved car parking is not present in my rera agreement

Dear Experts,

I'm in process of doing agreement for sale for a 3BHK flat in Pune. I have received draft copy from builder and will do agreement in couple of days. But after reading entire agreement I found that it has no mention of reserved covered car parking for my flat. When I questioned builder on this, he said car parking is by default as per RERA rules so I will get allocated car parking at the time of possession and there will not be any specific mention of reserved card parking in agreement as it is a standard draft.

I'm not sure if the builder is correct. I dont want any shock later.

Can some one please let me know if new RERA has such default provision for covered car parking. Will I surely get a reserved car parking at possession? Can/should I force builder to add a clause about reverse car parking for my flat?

Please let me know answer asap/urgently.

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Vignesh Venkat 07 February 2018

The builder is not correct. RERA rules (Rules vary between states) permit a builder to allocate exclusive right of usage of a reserved car park to the apartment owner. That reserved usage right will form part of the apartment and will be transferable along with the apartment if you choose to sell it later.

The 'Schedule of property' in the agreement for sale as well as the sale deed should incorporate this reseved car park provision. Some builders (a very few) even provide the diagarm showing the location of the cark park to avoid confusion as to which part of the parking area is whose. Inisist on the builder to do so.