Why car park can not be sold separately?
Let us clear the perception of Common areas and car-park.
While booking the flat, we have paid for:
- 1 We have paid for Undivided share of Land, registration charges, and legal charges. Therefore we all own the land jointly. Therefore, any part of the land can not be sold by builder as open car-park.
2 Builder obtains the permit from MCC, to build & sell certain number of flats of certain sizes on certain number of floors. Total super built up area permitted is based on the MCC's rules on certain FAR. Please note that car-park is not considered while calculating FAR.
We have paid the Price for the super built-up area of the flat which includes builder's profit. The construction cost of the building including foundation, basement, ground floor, all the permitted floors, terrace (& garden, compound wall etc) is divided by the total super built-up area permitted to get the Rate per (sq.ft)unit of super built-up area. This is how the Price of each flat is calcutated . This means we have also paid for all the common areas in the building.
Common areas include; the land on which the building is located, the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stair-ways, fire-escapes and entrances and exits of the buildings, Terraces over the roof of the permitted top floor, the premises for the lodging of janitors or persons employed for the management of the property , Landings on each floor , installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating; cellars, yards, gardens, parking areas and storage spaces Recreation Ground (RG) Area; Recreational facilities and/or club house ;the elevators, tanks, pumps, motors, fans, compressors,ducts and in general all apparatus and installations existing for common use; Society Office,Security guards cabin,Common passage/lobbies,Stair cases, all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.
The construction can not be made with out foundation, columns and beams in all the floors. The cost of the flat construction includes all of them. Therefore we have paid for the stilt areas therefore stilt areas can not be sold by the builder separately.
When multi floor carpark is constructed, then carpark area is considered in FAR calculation.
- 3.We have paid separately for Electrification and water supply charges, registration charges. Therefore we jointly own all the electrical installation like Electric Lifts, Transformer, Distribution board, cables, water pump motor , water tank, plumbings etc for common use.
- 4.Car-park is not considered for FAR calculations. Therefore, it does not attract propety tax. Hance it is not owned by individuals. Car park is jointly owned by the flat owners – flat owners association. Any agreement with clauses contrary to the guarantees available to flat buyers under the Law, can not have binding effect. Even if the flat buyers have executed an agreement stating that flat buyers will not object to selling of stilt parking and open parking spaces by the promoter, it can not be binding being contrary to the Law. Based on such agreement promoter has not acquired any right to sell stilt & open parking spaces.
There are very good judgments on car park from High Court and Supream Court.