Karnataka Real Estate Regulatory Authority (KRERA) in an order has held that the minimum parking space provided for allottees should not be less than 18 square metres (3m X 6m), in accordance with the local municipal bylaws in Bengaluru.
The Authority also noted that the sale of an apartment should be solely based on carpet area and not super built-up area.
Passing an order partly for project Signature Crest, which is close to Sarjapura, KRERA said on July 2023, "The developer is directed to transfer the common area to the association and provide the buyer with a parking space as per the municipal corporation (Bruhat Bengaluru Mahanagara Palike) bylaws."
In this case, the buyers Sandeep JW and Jonali Das signed the sale deed in the project developed by Signature Dwellings Pvt Ltd in December 2021.
Parking spaces
The homebuyers claimed that their cars incurred multiple scratches due to the defective parking space. "There are two types of parking spaces; some are 7.5 in width while others are 11.5 feet. The parking spaces, which were allotted through a lucky draw, have become congested with cars," the buyers told KRERA.
Additionally, they contended that the developer sold the apartment based on the super built-up area instead of the carpet area and demanded a differential cost in terms of calculation.
The super built-up area is the saleable area which includes the apartment along with a terrace, balconies, areas occupied by walls, and areas occupied by common or shared construction. Whereas carpet area is the area of an apartment that can be covered by a carpet, or the net usable area.
According to the order, the carpet area of the apartment was 576 square feet (sq ft) and the super built-up area was 860 sq ft.
RERA findings
A team of KRERA engineers which inspected the project found that each car parking was 2.3 m X 4.8 m in size. Additionally, the order said the developer had built only 120 parking spaces instead of 130 as promised.
The order said, "Each of the street car parking spaces provided for motor vehicles should not be less than 18 square metres (3m X 6m) as per Section 16(a) of BBMP Building Byelaws 2003."
After looking at the evidence submitted by both parties, KRERA said it is apparent that the developer had charged the buyers for the super built-up area and received the amount accordingly.
"RERA Act says that the sale of the flats should be based on carpet area. Nowhere in the Act it is mentioned that the developer can sell flats based on a super built-up area. RERA Act has not defined the term super built-up area," it added.
The order
The developer contented before the Authority that the homebuyers had read all terms and conditions given in the sale deed, which also contained a break up of super built-up and carpet area, before signing it.
But partly admitting the homebuyers' complaint, the Authority asked the developer to transfer the common areas to the resident welfare association immediately after its formation and provide a proper parking space for the homebuyers.
However, the Authority asked the buyers to file a separate complaint for the compensation they demanded based on the difference in payments made between the super built-up area and the common area.
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