The Builder Has No Power To Sell Car Parking Area

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The Hon'ble Apex Court clearly made it clear that the builder has no power to sell any car parking by receiving consideration amount from the customer because of the said area would be treated as common area.

 It was argued in Supreme Court Civil Appeal No. 2544 OF 2010 Nahalchand Laloochand Pvt. Ltd. Versus Panchali Co-operative Housing Society Ltd. that the right of the promoter to dispose of the stilt parking space is a matter falling within the domain of the promoter's contractual, legal and fundamental right and such right is not affected. This argument is founded on the premise, firstly, that stilt parking space is a `flat' by itself within the meaning of Section 2(a-1) of MOFA and in the alternative that it is not part of `common areas'. But we have already held that `stilt parking space' is not covered by the term `garage' much less a `flat' and that it is part of `common areas'. it must be held that stilt parking space/s being part of `common areas' of the building developed by the promoter, the only right that the promoter has, is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither `flat' under Section 2(a-1) nor `garage' within the meaning of that provision is not sellable at all.

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'.