GUWAHATI: Residential parking spaces constitute a major issue leading to disputes and conflicts in many apartment blocks and housing societies in Guwahati. The numbers of such cases are too many and too common to detail. With the ever-increasing number of new vehicles being registered across Guwahati, there are fewer and fewer roadside parking spots available. For anyone who lives in an apartment block or anyone who is a frequent visitor to one, parking becomes an important, if overlooked consideration.
The Real Estate Regulatory Authority (RERA) yesterday held that selling parking areas to buyers is “illegal” and promoters must hand over such areas to society, media reported.
Hearing a petition filed by Utpal Chowdhury of Prakritik Nibaas, Silpukhuri, the RERA ordered the promoter to return the money if taken from allottees for providing parking spaces based on past agreements and sale deeds, media reported.
The RERA order stated that the Assam Apartment (Construction and Transfer of Ownership) Act, 2006 governing the construction and transfer of ownership of apartments clearly prohibits the sale of common areas.
President of Assam Real Estate and Infrastructure Developers' Association (AREIDA) PK Sharma talking to G Plus said that previously before 2017, many builders used to sell parking space as it was legal. RERA was notified in 2017 and after that, the cost of the flat included the cost of the parking space.
He said with one flat one parking area is provided to the flat buyer and it should be mentioned in the agreement.
“The carpet area, the super built area, the parking area should be mentioned in the sale agreement,” said Sharma adding that after 60% of flats are occupied, the promoters are out of the building and the open spaces should be managed by the society.
“If any promoter is selling the open space or the visitor parking space, the society can file a complaint with the RERA,” said Sharma.
A Gauhati High Court advocate and property expert Samar Das talking to G Plus said, “It is illegal to sell parking space and the action is taken according to the building bye-laws and other construction laws if a complaint is filed,” adding that but in many cases, the society members do not complain as there is a nexus between many members of the society and the promoters.
If the society of any apartment is strict, it is impossible for the promoters to sell parking or any open space, stressed the advocate.
A city-based builder talking to G Plus on condition of anonymity said that it is not that the parking spaces are sold, it is actually allotted while selling the flat along with it, but later after flat owners keep purchasing more vehicles, parking becomes an issue and taking advantage of the situation some promoters sell the open spaces to the flat owners according to the requirement. “It is mostly not on papers,” said the builder adding that it is illegal.
RERA in its order ruled that there is no individual right over the parking spaces as allotted by the promoter, and said that the president and the secretary of the society should take steps to bring all the common areas in its fold including parking areas and re-allot if required the same as the society may deem fit by holding a general body meeting.
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