Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The distinction is reinforced by regulations and circulars, which specify that basement areas are for parking, storage, or servicing, and are not to be sold independently or used for habitation. ["01400040516"], ["01400058186"], and ["Madhuri Tagore VS Mansukhlal V. Doshi & Ors. - Consumer"] all support this view.
Analysis and Conclusion:
References:- ["Ashok Punjabi VS High Class Developers - Bombay"]- ["ORION CHOICE SDN BHD vs BELLAJADE SDN BHD - Court Of Appeal"]- ["C. B. S. Property Development Pvt. Ltd. VS P. V. S. Raghupathy - Consumer"]- ["Nivedita Sharma VS State of Haryana - Punjab and Haryana"]- ["Nivedita Sharma VS State of Haryana - Current Civil Cases"]- ["UDAI RAJ SINGH CHAUHAN vs RTD. CDR. ASHOK KUMAR SHARMA AND 4 ORS - Bombay"]- ["NIVEDITA SHARMA vs STATE OF HARYANA AND ORS - Punjab and Haryana"]- ["UDAI RAJ SINGH CHAUHAN vs RTD. CDR. ASHOK KUMAR SHARMA AND 4 ORS - Bombay"]- ["Jyostna VS Sampat Lal Rathi - Calcutta"]- ["UDAI RAJ SINGH CHAUHAN vs RTD. CDR. ASHOK KUMAR SHARMA AND 4 ORS - Bombay"]- ["WING MING GARMENT FACTORY LTD vs THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE - Lands Tribunal"]- ["ARVINDBHAI NAROITAM SHAH VS MUNICIPAL CORPORATION OF CITY OF AHMEDABAD - Supreme Court"]- ["Jaldu Ram Nitesh, S/o. Jaldu Raja Visala Subba Rao VS State of Andhra Pradesh - Andhra Pradesh"]- ["Commissioner of Income Tax vs Lord Buildcons P. Ltd. - Delhi"]- ["Anjalli Bansall VS Atul Bansal - Delhi"]- ["01400040516"]- ["01400058186"]- ["Madhuri Tagore VS Mansukhlal V. Doshi & Ors. - Consumer"]
In the bustling real estate market, parking spaces are gold. Homebuyers often prioritize properties with dedicated parking, leading to questions like: basement parking can not sold as saparate unit? This common query arises amid rising disputes between developers, societies, and buyers. While enclosed garages might qualify as saleable flats, basement parking—especially open or stilt varieties—generally falls under common areas and cannot be sold independently. This post dives into the legal nuances, drawing from judicial precedents and regulatory insights to clarify the position.
Note: This is general information based on case law and statutes, primarily in the Indian context. It is not legal advice; consult a qualified lawyer for your specific situation.
Under applicable laws like state apartment ownership acts and judicial interpretations, basement parking is typically considered part of the building's common areas and facilities. It cannot be sold as a separate independent unit because it does not qualify as a saleable flat or unit. Courts have ruled that such spaces are meant for shared use, with ownership vesting in the developer or residents' society. Nahalchand Laloochand Pvt. Ltd. VS Panchali Co-operative Housing Society Ltd. - 2010 0 Supreme(SC) 801Ankit Kumar Aggarwal VS Airport Authority of India - 2015 0 Supreme(Del) 544
Key reasons include:- Definition of 'Flat': Legislation defines a flat broadly, but excludes open parking. Only garages with roofs and walls on three sides qualify. Nahalchand Laloochand Pvt. Ltd. VS Panchali Co-operative Housing Society Ltd. - 2010 0 Supreme(SC) 801- Common Property Status: Basement parking supports the building's infrastructure and is not alienable separately. Ankit Kumar Aggarwal VS Airport Authority of India - 2015 0 Supreme(Del) 544- Supreme Court Clarity: In Nahalchand Lalchand (supra), the apex court held that standalone garages with enclosures are saleable, but open or basement parking without such features is not. Nahalchand Laloochand Pvt. Ltd. VS Panchali Co-operative Housing Society Ltd. - 2010 0 Supreme(SC) 801Ankit Kumar Aggarwal VS Airport Authority of India - 2015 0 Supreme(Del) 544
The crux lies in statutory definitions. A 'flat' often includes enclosed spaces like garages with a roof and walls. However, open to the sky parking or stilt parking, which lack such enclosures, do not qualify as flats or independent units. Nahalchand Laloochand Pvt. Ltd. VS Panchali Co-operative Housing Society Ltd. - 2010 0 Supreme(SC) 801
For basement parking:- It is treated as a common facility for vehicle parking on a fee or allotment basis.- Assessment orders and notices confirm it's not a saleable unit; ownership remains with the developer or society. Nahalchand Laloochand Pvt. Ltd. VS Panchali Co-operative Housing Society Ltd. - 2010 0 Supreme(SC) 801Ankit Kumar Aggarwal VS Airport Authority of India - 2015 0 Supreme(Del) 544
Courts have been consistent:- Nahalchand Lalchand Case: A garage must have a roof and walls on three sides to be considered a flat. Open spaces do not qualify. Nahalchand Laloochand Pvt. Ltd. VS Panchali Co-operative Housing Society Ltd. - 2010 0 Supreme(SC) 801- Delhi Apartments Judgment: Basement parking for vehicles is a common area, not independently saleable. Ankit Kumar Aggarwal VS Airport Authority of India - 2015 0 Supreme(Del) 544- Phoenix Towers Case: Parking without enclosures is not a saleable independent unit. Phoenix Tower Co-operative Housing Society Limited VS Phoenix Construction Company - 2013 0 Supreme(Bom) 2274
These rulings emphasize that selling basement parking separately would undermine the building's common property principles.
Individual flat owners get use rights (e.g., allotted spots), but not ownership to sell. Ownership vests collectively:- Developers/societies retain title.- Buyers cannot transfer or sell these spaces independently. Nahalchand Laloochand Pvt. Ltd. VS Panchali Co-operative Housing Society Ltd. - 2010 0 Supreme(SC) 801Ankit Kumar Aggarwal VS Airport Authority of India - 2015 0 Supreme(Del) 544
Practically, this means:- Societal Allotment: Parking is allocated via society rules, often on a first-come or pro-rata basis.- No Independent Title: Sale deeds for flats exclude parking as separate property.- Misrepresentation Risks: Developers advertising basement parking as 'exclusive' may face RERA complaints or litigation.
While the core principle holds, nuances emerge from diverse jurisdictions and scenarios:
In a Malaysian case involving Krystal Point Project, the court ruled parking bays were not common property but owned via sale agreements: Unit 79 has been subsequently sold to Modern System Parking... the true owner of the car parking bays is accordingly Modern System Parking. SALURAN PROJEK SDN BHD & ANOR vs BADAN PENGURUSAN BERSAMA KRYSTAL POINT & ANOTHER CASE This highlights how contractual terms can override in some contexts.
Under RERA, deviations like renting basement parking to outsiders (e.g., coaching institutes) violate plans: the renting out of the parking area to a coaching institute given in basement-1 was also not as per the plan. RAJ-RERA-C-2022-5725
Delhi courts have barred parking fees in certain common areas: these areas are for the enjoyment of the occupiers... collection of parking charges, if not permitted... cannot be collected. Pacific Development Corporation Ltd. VS South Delhi Municipal Corporation - 2020 Supreme(Del) 118 Ownership stayed with DMRC, reinforcing public/shared use.
Building bye-laws allow basement parking without counting toward FAR if used for parking/storage: the basement can be used for a strong room or cellar by the bank, and therefore cannot be counted towards the total FAR. SANTOSH MALIK VS DELHI DEVELOPMENT AUTHORITY - 2016 Supreme(Del) 1996J. M. Thangkhiew VS State of Meghalaya - 2019 Supreme(Megh) 189
In disputes over unusable basements, courts prioritize repairs for common use over conversions: no repair work or any other work should be carried out in the basement until such implementation. Bijon Kumar Mallick VS Associated Builders Corporation
These cases show variations—e.g., enclosed bays or specific agreements—but reinforce that open basement parking is typically non-saleable.
Not all parking is equal:- Enclosed Garages: If with walls and roof, may qualify as flats. Nahalchand Laloochand Pvt. Ltd. VS Panchali Co-operative Housing Society Ltd. - 2010 0 Supreme(SC) 801- Contractual Overrides: Explicit sale deeds might allow in non-Indian contexts. SALURAN PROJEK SDN BHD & ANOR vs BADAN PENGURUSAN BERSAMA KRYSTAL POINT & ANOTHER CASE- Building Plans: Precise designations matter; check sanctioned plans.
Limitations include jurisdiction (e.g., state-specific acts) and agreement terms.
For tailored advice, reach out to a real estate lawyer. Stay informed to navigate property disputes confidently!
#BasementParkingLaw, #RealEstateIndia, #PropertyRights
parking space at the basement. ... Then, what is put in issue is the 38 parking spaces for the unit holders and two additional parking spaces for the transport vehicles. Out of 40 parking spaces, 24 parking spaces are approved at basement and 16 parking spaces are approved on the ground open space. ... It is then stated that the basement parking spaces were not sold#HL_....
Separately and distinctively, for the other basement car and motorcycle parking floors ("Car & Motorcycle Parking Floors"), the set rate of adjustment is RM40,000.00 per parking bay/lot. ... Thus, the only floors which remain in contention are the Office Space Floors (Ground Floor to the 20th Floor) and the Basement Car and Motorcycle Parking Floors. ... None of these portions of the Building can be sold off, leased, or rented out. ... floors of the Building (#HL_STAR....
Further, petitioners could not remain in the basement area or run their office or store building materials in the area meant for car parking. ... Even this can be sold only to the 24 apartment owners and not to any stranger. Talking away the car parking or the generator room, lumber room also amounts to deficiency in service. It is not open to the opposite parties to say that the complainants are in no way affected. ... The car parking area in the #H....
By a further sale and purchase agreement of the same date, Saluran Projeck also sold the basement and at grade car parking bays to Rich Focus. ... [46] That being the case and since Unit 79 has been subsequently sold to Modern System Parking, I find and hold that the true owner of the car parking bays is accordingly Modern System Parking. ... There are 128 basement and 6 at grade car parking bays in the Krystal Po....
Such circular is not contradicting any statutory provisions . The basement is not habitable and the dwelling unit, therefore, it cannot be transferred as an independent unit. ... 14. ... Therefore, we proceed on the assumption that the basement can not be used for human habitation and is thus not a dwelling unit. In respect of the area being developed by the Haryana Urban Development Authority, the basement is #HL....
Such circular is not contradicting any statutory provisions. The basement is not habitable and the dwelling unit, therefore, it cannot be transferred as an independent unit. ... 13. ... Therefore, we proceed on the assumption that the basement can not be used for human habitation and is thus not a dwelling unit. In respect of the .area being developed by the Haryana Urban Development Authority, the basement is #HL....
in the parking area nor will it be sold or rented out. ... which is on record, clearly states that the entry and exit gates of basement-1 and basement-2 are not as per the sanctioned plan and that the renting out of the parking area to a coaching institute given in basement-1 was also not as per the plan available with them. ... They started their arguments by saying that only one unit holder has appeared before this Authority out ....
a dwelling unit. ... The basement is not habitable and the dwelling unit, therefore, it bona-fide residents of the plot and is not allowed to be sold to any petitioner.
Bangalore, two units of third floor were sold to the complainants, two units of third floor were sold to Yam Organics Limited. Bombay and one unit of third floor was sold to an NRI let out to Toshiniwal & Company and two units of fourth floor were retained by the opposite parties. ... With regard to provision of free parking space in basement, it is submitted by the opposite parties that according to clause 32 the garages or parking enclaves in the cellar(ba....
date; as per municipal by-laws, the third floor is extension of second floor i.e. no dwelling unit or kitchen is allowed on the third floor; basement is allowed only for the purpose of godown for storage purpose or for parking. ... The CIT (A) accepted both these pleas and held that basement and third floor could not be sold out as an independent dwelling unit and, therefore, realizable sale value of these floors was much lesser than the sale value of the second floor....
However, for other than residential buildings, ramps are mandatory for plot size above 3000 sq.m. Parking in basement can also be permitted by means of a car lift. In case of residential buildings (except group housing), ramps are not mandatory.
It is stated that 75% of the ground floor is allocated for the purpose of parking and out of the balance 25%, a portion is covered by staircase and the rest is permitted to be allocated to two number of shops on rent basis as they were old tenants and since the space on the ground floor is reduced, they have been allocated rest of the space to which they are entitled to on the first floor. It is also pleaded that remaining portion of the parking can be easily made available in the basement.
In case of residential buildings (except group housing), ramps are not mandatory. Parking in basement can also be permitted by means of a car lift. However, for other than residential buildings, ramps are mandatory for plot size above 3000 se.
This Court is informed that the basement, due to some defects arising out of the drawing and design originally prepared, is unusable and keeping in view the safety of the building as a whole the erstwhile Joint Administrators have walled up the basement. As a result, the basement is not usable for the purpose of parking cars. Naturally, the applicants who are entitled under the agreement entered into between the appellants and the promoters to park their cars in the basement were allowed to park their cars on the driveway. The Fire Department out of their concern for the sa....
The parking plan is enclosed and marked as Annexure-R3/11. As regards, parking is concerned, it is submitted that enough parking place has been provided in the basement and in open areas. In the open area also, the provisions has been made for parking of cars and two wheelers and cycles. It is relevant to mention here that during the process of construction, Jaipur Development Authority and their officers at number of times had inspected the site.
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