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Showing posts from September, 2010

Expway townships may be scrapped

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Source: Hindustan Times

Open, stilt parking spaces are common areas, builders can’t charge extra: SC

Posted: Thu Sep 02 2010, 02:38 hrs New Delhi Flat purchasers need not shell out extra money from their savings to buy parking spaces, both open and closed, from property developers at the time of sale. “Open-to-sky” areas or “stilted” (covered) portions of their flat complexes, usable as parking spaces, cannot be sold separately by flat builders/promoters/developers as “garage”, the Supreme Court has ruled. These spaces are part of the “common areas” in flat complexes and not “saleable independently as a flat or along with a flat”, the court said in a judgment. The verdict sets a precedent even as the apex court took note that builders/promoters/developers were “indulging in malpractices in the sale and transfer of flats and the flat purchasers were being exploited”. The judgment delivered Tuesday by a bench of Justices R M Lodha and A K Patnaik comes in the backdrop of interpreting the legislative intent behind enacting the Maharashtra Ownership Flats (Regulation of the Promot

Parking areas cannot be sold as flats or garages: SC

Press Trust Of India New Delhi, September 02, 2010 The Supreme Court has ruled that builders or promoters cannot sell parking areas as independent units or flats because they are to be extended as "common areas and facilities" for the owners. A bench of Justices R.M. Lodha and A.K. Patnaik in a judgment rejected the argument of a real estate development company that they were entitled to sell garages/stilt parking areas as separate flats to owners who intend to use it as parking facilities. "If a promoter does not fully disclose the common areas and facilities, he does so at his own peril. Stilt parking spaces would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser. "The promoter has no right to sell any portion of such building which is not 'flat' within the meaning of Section 2(a-1) and the entire land and building has to be co