What You Need to Know About Parking Space Rules When Buying a Flat: Can Builders Charge Extra?
 

When it comes to buying your dream home, the excitement can quickly turn to confusion, especially regarding parking space fees. In many cases, builders include parking in the flat price, but what happens when they charge separately? Let’s unpack the legal landscape surrounding parking space rules in real estate transactions.

The Legal Landscape

Buying a flat is often a lifetime investment, and with it comes the expectation of receiving all promised amenities, including parking. In many instances, builders charge for parking separately, leading to questions about legality. According to real estate laws in India, there are regulations in place that dictate how parking can be handled during flat purchases.

Case Study: The Retired Major and His Parking Predicament
Take the case of a retired major from Bhiwadi, Rajasthan, who booked a flat in 2006 for approximately ₹17.95 lakh. While the flat was advertised with parking included, the major found himself charged an additional ₹50,000 for parking space that was allegedly not communicated or agreed upon beforehand.

NCDRC Steps In

This parking conundrum found its way to the National Consumer Disputes Redressal Commission (NCDRC). The major's lawyer argued that builders should not sell parking spaces separately, and charging extra violated both consumer trust and real estate regulations.

The NCDRC examined the agreement, specifically clause 1.2, which grants buyers exclusive rights to use open or covered parking included in the sale price. The commission ruled in favor of the major, stating that charging an extra fee for parking was a breach of contract. The decision mandated that the builder refund the major’s money with an annual interest rate of 6%.

Understanding Your Rights

The situation highlights two key legal frameworks: the buyer’s agreement (clause 1.2) and the Rajasthan Apartment Ownership Act, 2015. Under this act, if you purchase a flat with an allocated parking area, you inherently possess rights to that space without any additional costs. Selling or purchasing parking separately is not permissible.

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