Often when buying a property, builders sell parking space to buyers at a pre-determined price. Some of you might have purchased such parking lots for the sake of convenience. Some buyers believe that purchase of such parking slots will increase the value of their property when they resell the property at a future date. Some other buyers try to rent out such parking spaces to other owners. Currently, shortage of parking space in metropolitan cities is leading to many of such malpractices. However, based on the bylaws that govern parking areas, parking spaces cannot be sold as a separate entity.
Car parking and open terraces are supposed to be a society's common area. Parking spaces are not considered a part of the FSI and hence, cannot be sold as a separate entity. Developers can sell parking spaces only if they manage to prove that they have used the FSI allotted to them to develop the parking space.
A 2010 supreme court ruling mentions that buyers do not have to pay for the purchase of parking space, either open or closed, that is built by the builders. According to a court ruling made against the development firm Nahalchand Laloochand, stilt parking spaces continue to be a part of the common facilities shared by all flat owners even though they may not be mentioned to be included in the purchase agreement. The promoter has no rights to sell such common areas exclusively to any buyer. The builder can only transfer a license to the buyer to use a portion of the area exclusively for parking vehicles.
The apartment acts of nearly all states say that selling of parking area is against the definition of allowed use of common areas and facilities. Specifically, in Tamil Nadu, if a car parking area is to be allotted or transferred, then the builder should have mentioned the usage of FSI for the construction of parking slot in the construction plan. The Tamil Nadu Apartments Ownership Act also states that all owners have a percentage of interest in the car park.
Since the sale of car parking area is illegal, purchase of such car parking spaces can also be deemed null or void. However, note that if a buyer wants to challenge the developer for refund of any amount paid for the purchase of car parking space, such car parking space must be specifically mentioned in the purchase agreement as a separate entity and not as a part of the apartment. Many builders nowadays try to include car parking as a part of the apartment's value.
In those units which do not have car park or have limited car parking area, rotational car parking is considered to be a fair usage policy. Payments from certain people can be considered in such cases.
If the car park has been marked in the setback space, then it proves that the car parking can be used by all owners of the apartment for parking vehicles but not for exclusive car parking.
If a developer charges you separately for parking space, such cases can be taken to consumer redressal forums and dealt with there.