Can Builder Allot Parking Space? Parking Allotment and Regulations

Allotment Rules

Builder can allot parking space according to the flat size as per rule 36. For instance, one parking space is compulsory for a 3bhk flat, one parking space for two 2bhk flats, and one parking space for four 1bhk flats.

Legal Restrictions

Selling parking spaces is illegal and parkings allotted by builder cannot be dissolved as the parking space number will be mentioned on apartment Registration documents. Parking spaces belong to all stakeholders, and the developer is not allowed to sell or allot them. RERA rules prohibit selling or allocating open parking spots, which must be transferred in the housing society’s name and included in the deed of conveyance.

Society and Government Stance

Society can cancel all allotments by builder. Corporation gives X parking lots and, after handing over the site, the association divides parking space and allots to owners. The association does not have to agree to parking allotment done by the builder. MCS bylaws recognize and approve parking sold by builder, but the state government has started to amend this byelaw as it contravenes MOFA provisions. Additionally, "No parking claim undertakings" are illegal and not binding.

Parking ratios are calculated by dividing the total rentable square footage of a building by the building’s total number of parking spaces. Companies aim to regulate company parking by assigning set parking spaces to staff. Executed poorly, allocated parking can lead to political and administrative tensions.

Considerations for Allocation

An open car park means not only leaving your vehicle to the rigours of the weather but also open to theft and rodents. Parking is generally included in agreement by builders, and the parking location details are referred to within the agreement. The users are allocated to a parking lot by a multinomial logit (MNL) model.

Standard Parking Dimensions

The standard parking space dimensions across America are as follows:

  • Width of a parking space: between 7.5-9 feet
  • Depth of a parking space: between 16-20 feet

Ensure you are aware of any existing standards before beginning your layout. Parking lots typically range from 300 to 350 square feet per parking stall. This includes determining the appropriate number of lanes, parking spaces, and stalls needed to meet the volume of traffic, including ceiling height for taller vehicles. For high-traffic areas, perpendicular parking spaces tend to be most common. Parking spaces within enclosed garages should be at least ten feet wide and twenty feet long. Each parking bay should be at least 15m by 5m to allow for safe manoeuvres and pedestrian movements. After discussing the parking spot agreements, it’s advisable to send an email reiterating your agreement.

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