Understanding Parking Space Disputes: Rights and Remedies for Homebuyers
Parking space dispute: What national building code says & what you can do
The Economic Times
Image: The Economic Times
A homebuyer in Mohali, Punjab, faced issues with a parking space that was too small and far from his apartment, leading to a complaint to the Punjab Real Estate Regulatory Authority (RERA). Despite citing National Building Code (NBC) guidelines, RERA stated it lacked jurisdiction over parking size. Homebuyers can seek remedies under consumer protection laws if parking provisions are inadequate.
- 01The National Building Code (NBC) specifies minimum dimensions for parking spaces, but these are not legally binding unless incorporated into local regulations.
- 02The Punjab RERA ruled that it does not have the authority to enforce parking size requirements, leading to the homebuyer's loss in the case.
- 03Homebuyers should ensure that parking agreements clearly define the size and location of parking slots to avoid disputes.
- 04If a parking space is unusable or misrepresented, homeowners can file claims under the Consumer Protection Act, 2019.
- 05Legal recourse may also involve local planning authorities if there are deviations from sanctioned plans or building bye-laws.
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In Mohali, Punjab, a homebuyer experienced significant issues with a parking space that was too small and located far from his apartment. After discovering that the space measured only 2.2 meters by 4.1 meters, he filed a complaint with the Punjab Real Estate Regulatory Authority (RERA), arguing that it violated the National Building Code (NBC) guidelines, which specify minimum dimensions for parking spaces. However, RERA stated it does not have jurisdiction over parking dimensions, leading to the homebuyer losing his case. Legal experts clarify that while the NBC serves as a benchmark for safety and usability, it is not mandatory unless adopted by local authorities. Homebuyers are advised to treat parking as a critical aspect of their purchase, ensuring that agreements specify parking details and dimensions. If parking provisions are inadequate, homeowners may seek remedies under the Consumer Protection Act for deficiency in service or unfair trade practices. This could result in compensation or a new parking space. Additionally, homeowners can approach local planning authorities for regulatory action if there are violations of building bye-laws.
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Homebuyers in apartment complexes must ensure that their parking spaces meet legal and practical standards to avoid disputes and potential financial losses.
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