The Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a notification stating that developers were not entitled to sell or allot open parking to homebuyers.As per the Real Estate (Regulation and Development) Act, the open parking space is part of the common area of a real estate project and provided free of floor space index (FSI).
MahaRERA chairman Ajoy Mehta told that the notification was issued last week. “We have been receiving several complaints from citizens regarding parking being allotted on the discretion of the developers. This notification ushers in clarity and transparency between both the developer and the homebuyers, thus, reducing complaints,” he said.
The notification, signed by MahaRERA secretary Vasant Prabhu, stated that developers would, henceforth, be required to specifically mark the garage, open and /covered parking space in the real estate projects in accordance with the approved/sanctioned plans and tag it to the allotted apartment.
The regulatory body has also directed that the garage/covered parking space when sold/ allotted for monetary consideration, the type, numbers, size as well as the place where such garage/ covered parking space is situated should be mentioned in the sale agreement. It should be annexed to the agreement.
Credai vice-president Shantilal Kataria said still the issue of allotting parking space to each flat buyer remained unclear in case of less covered parking space as against the apartments in a project. “There is a request to allow allot open parking, if sanctioned by the local authorities,” he said.
Consumer rights activist Shrikant Joshi said the notification would help in keeping a check on errant developers and benefit consumers.
Ramesh Prabhu, chairman of the Maharashtra Societies Welfare Association, said the earlier judgments of the SC, HC and even MOFA Act stated that open parking cannot be sold. “During conveyance, the builder has to hand over the open car parking to the society,” he said.
