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Park Right With RERA

Car Parking Woes Addressed

EMAAR-INDIA
2017-11-20

Today when it seems that there are more vehicles on road than people, it’s obvious that the first question you ask when buying a house is “Does it have enough parking space?” It’s a luxury that everyone needs but not all can afford. So it’s still a question whether a car park is a paid thing or not. So here are the answers to all the questions that are popping up in your mind right now, pertaining to parking.

a) What is a Garage?

Under Section 2(Y) of the Real Estate Regulation Act 2016, ‘garage’ has been defined as a place with a roof and walls on 3 sides but clearly excludes an uncovered or unenclosed parking area (in other words, an open parking space). The Act also explicitly refers to basement, stairway, elevators, lobby area and parks as common areas.

b) Can open parking space be sold to allottees?

Open parking can’t be sold under RERA, as they come under common areas, which needs to be conveyed to the Association of Allottees after receiving Occupancy Certificate, and hence the sale of the same is not permissible. Section 17 of the RERA Act also says the promoter has to transfer to the society title common areas and handover their possession. This means that it can’t clearly be sold to an individual.

c) What about stilt parking?

Stilt parking area is not to be treated as a garage. As per law, it is not saleable independently as a flat or even along with the flat.

So, next time you ask that same question “Does it have a parking?”, you know what your next question should be.

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