Kolkata | 12 Jan, 2022 (1 year, 4 months ago)

Property Law

Can a builder sell setback area of a building as parking to outsiders?

We have purchased a flat in Kolkata. The building has 8-9 feet set back area on boundary as per the Kolkata Municipal Corporation rule on both easter and western side of the building. The builder has now sold the 8-9 feet common passage in western side boundary to a 3rd party who doesn’t own any flat in the building. The 3rd party is going to use the passage as parking, and he has built a shade over those 8 feet passage. At the time of selling the apartments, the builder did not disclose that the common boundary area will be sold separately to 3rd parties. He is saying that wester side boundary passage belongs to the builder, so he has sold it. And the eastern side of the boundary passage belongs to the landowner. He might do whatever he wants to do with it. Is it legal to sell the setback areas separately?
12 Jan, 2022 | 15:26

You should approach municipal corporation and explain this situation and confirm whether builder can do this or not. For any further assistance, feel free to contact me on my e-mail "shubhampabbiadv@gmail.com"

Shubham Pabbi & Associates


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