BUILDING DISPUTES: THE LEGALITY OF SELLING PARKING SPACES SEPARATELY IN INDIA

Franklin D. Roosevelt once said, “Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world. It emphasizes understanding the legal nuances of real estate and parking spaces, by protecting one’s investment.[1]

 It would be relevant to pay attention to the existing legislation regarding parking spaces which plays a crucial role in protecting an investment in real estate. In overpopulated countries like India and its urban cities, parking spaces have become a huge concern, often leading to conflicts between builders, flat owners, gated communities, and housing societies.

Here the question arises, can a builder legally sell the car parks separately from the units, in effect keeping ownership of the essentials? It has raised questions on the legal and ethical nature of these sales, especially concerning the homebuyers’ rights and ownership. However, the areas regarding power, protection, and accountability are still ambiguous and contestable in Indian law by passing certain legislation such as the RERA Act, 2016, and by different judicial decisions.

This paper seeks to present a clear analysis of the legal position concerning the sale of parking spaces by builders. This will analyse the RERA Act, and MOFA and explore other enabling legislations as well as explore principal judicial decisions which played a pivotal part in the formation of laws. Overall, through these dimensions, it further tries to explain the rights of the homebuyers and the responsibilities of the builders to avoid any vague tendency regarding the property rights inclusive of parking areas.