The Supreme Court has ruled that builders/promoters cannot sell parking areas as independent units or flats, as the same is to be extended as “common areas and facilities” for the owners.
A Bench of Justices R. M. Lodha and A. K. Patnaik, in a judgement, rejected the argument of a real estate development company that they are 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.
