MahaRERA has received several complaints from homebuyers regarding issues with parking spaces sold by developers. To address this, MahaRERA has made it mandatory to include all parking details like lot numbers, dimensions and block location in sale agreements and allotment letters. This aims to provide upfront transparency and avoid future disputes. Developers must now clearly demarcate and label garage, covered and open parking spaces as per approved plans and must also tag these spaces to the allotted apartment. Open parking is considered a common area as per RERA and cannot be sold. The directives aim to protect buyer interests by resolving issues at the outset and ensuring allottees can use the parking facilities smoothly.
MahaRERA has been receiving several complaints from homebuyers regarding issues with parking spaces sold and allocated by real estate developers. To address this and prevent future problems, MahaRERA has made it mandatory for all details related to parking to be included as annexures in the Allotment Letter and Agreement for Sale.
The complaints received cover a range of parking-related problems, such as building beams obstructing vehicle parking, inability to park in allocated spaces, doors unable to open when exiting vehicles, inadequate manoeuvring space in parking spaces, among others.
In response, MahaRERA has issued a model clause to be included in legal documents. The clause provides all details about parking areas, like lot numbers, length, height, width, and block location. This standard clause aims to avoid future ambiguity or disputes by providing transparency upfront. Including this clause in the agreement is now compulsory for developers.
MahaRERA's revised Model Agreement for Sale, issued in December 2022, also made details on force majeure, carpet area, defect liability period, and transfer agreements mandatory. Parking details have been added to this list of non-negotiable aspects. Any changes made in these clauses even with buyer consent will not be accepted by the MahaRERA.
Therefore, MahaRERA stresses strict adherence to this circular and inclusion of the standard parking clause specifying all slot details. This seeks to prevent homebuyers from facing inconvenience or hardship related to parking after moving in.
Parking types in real estate include garages, covered spaces, and open areas.
In 2021, Maha RERA issued a circular regarding the sale of parking spaces. The MahaRERA made it clear that the promoters are not entitled to sell/allot open parking areas for monetary consideration. But with respect to garage/covered parking space, MahaRERA said that when sold/allotted for monetary consideration the details of such a parking space should be mentioned in the agreement for sale.
The circular stipulated that developers must clearly demarcate and label garage, covered and open parking spaces in projects as per approved/sanctioned plans. The parking must also be tagged to the specific allotted apartment.
Previous rulings by the Supreme Court, High Courts and MOFA Act stated that apart from a flat and its associated garage, developers cannot sell any other portions. This implies that the remaining areas, such as parking in basements, podiums and stilts, open parking, lobbies, passages, open spaces as required by rules and gyms, are considered common spaces. According to the Real Estate Regulation and Development Act (RERA), 2016, the open parking space is part of the common area of a real estate project and is provided free of floor space index.
With the new directives, MahaRERA aims to bring greater transparency and protect home buyer interests related to parking. This seeks to ensure allottees can smoothly use the facilities they paid for.
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