Anonymous (salaried) 09 February 2023

Parking allotment issue

Dear Esteemed Advocates, Can you please shed some light on Car Parking allotment process by Builder.
I have purchased a Flat in Alliance Galleria Residences apartment Pallavaram, Chennai.

There are multiple blocks, Atrium / Magnus /Claudius and AUGUSTUS
All other Blocks except Augustus has basement parking. Augustus only has stilt parking. 14 floors with 17 flat/floor.

The salesperson committed that all the open car parking spaces near all the blocks (Atrium/Magnus/Claudius) can be used by Augustus block people as there is no basement parking for this block and also becuase there is limited stilt car parking.

This sounded reasonable as the salesperson also added that everyone in Atrium/Magnus/Claudius have been allotted a car parking in the basement by default as a part of flat cost. so the open parking will be free for Augustus block residents.

Now I have purchased the flat. But the situation is upside down now. The builder sold all the open car parking too. Now they say that the open car parking was always for sale.

Builder is asking me to show any clause in the agreement where it says that the open car parking would be a 'free' parking. All these discussion are verbal, there is no written evidence. Is there any legal document that talks about the parking norms which I can get from the builder?

There is a common main road where builder said that people who did not get a car parking allotment can park the vehicle. But today I got to know that they are soon going to mark this area as no-parking zone. All the open parking and closed parking are sold out already. And builder do not care about others (like me) who do not have any space to park car.

Appreciate if you could give some expert advise to deal this situation. Car parking space is of very important to me. If this is not sorted, I am left with no choice than selling the house. But it is a challenge to sell the house that does not have car parking too. Even if I have to rent the house, car parking is important.

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2 Replies

RAKESH ISHI 13 March 2023

The legal rights of flat owners with respect to car parking depend on the terms of the agreement between the builder and the flat owners. Generally, the builder is required to provide car parking to the flat owners as per the development regulations of the local authority. If the builder has sold the car parking spaces, the flat owners who have not been allotted car parking spaces may have a claim against the builder for not fulfilling their obligation.

In your case, as there is no written evidence of the salesperson's commitment regarding the open parking spaces, it may be difficult to establish a legal claim against the builder. However, you may try to negotiate with the builder for the allotment of a car parking space or for compensation for the loss of the car parking space. You may also check if there are any provisions in the agreement with the builder that allow you to claim car parking space in case it is not provided. You may seek legal assistance to review the agreement and advise you on your legal options.

Regarding the common main road, if the builder had promised that it can be used for parking and now plans to mark it as a no-parking zone, you may seek legal assistance to enforce the builder's commitment or to seek compensation for the loss of the parking space.

ryanwawro 04 April 2023

I have purchased Stilt Parking with Allotment Letter from Builder and no separate agreement for it. Respective Flat no has also painted by builder in said parking unit. Also, process of getting Property Tax of said parking unit in the name of Flat owner is under process. Now Society is claiming ownership of Parking Space, reasoning illegality of such transaction and no validity of Allotment Letter under By-Laws of the society, with no rights to builder to sell such spaces. They are planning to do re-allotment with first come first serve lewdle basis. My questions as below: - 1. Can Builder Sell such Stilt Parking Spaces based on Allotment Letter? 2. Is there any validity of Allotment Letter in court of Law? 3. Can Society challenge to such allotment, if it’s illegal? 4. If Property Tax Bills get issued in the name of Parking Owner, can still Society claim ownership? 5. Is it possible to get separate registered agreement with builder now (post society handover), if he agrees?