Can Homebuyers Claim Parking Rights Without Mention in Sale Agreement?
Maharashtra Real Estate Regulatory Authority (MahaRERA) has clarified that homebuyers cannot later claim a right to car parking if no parking allotment was mentioned in the agreement for sale and no separate payment was made towards it. This ruling came after hearing a complaint filed by two homebuyers against a Mumbai-based developer.
The case involved homebuyers who purchased an apartment in Mumbai’s suburbs under a registered agreement executed in July 2018. The complainants alleged that the developer failed to provide promised amenities, including a designated parking space, a solar system for the society, a proper side compound wall, and rectification of leakage issues in their apartment, despite repeated requests. The homebuyers submitted photographs to MahaRERA showing seepage, terrace conditions, and the absence of a compound wall.
"Developers have failed to provide a designated car parking space in accordance with the applicable Municipal Corporation of Greater (MCGM) norms, despite repeated reminders," homebuyers told MahaRERA. They also highlighted issues such as water seepage and the lack of a compound wall.
The developer, however, argued that the registered agreement specifically recorded “zero vehicle parking space” and that the homebuyers had not paid any separate consideration towards parking. They further contended that no commitments regarding a solar system or compound wall were made under the agreement for sale. The developer also stated that a permanent compound wall was not permissible under the sanctioned plans as the area had to remain open under regulatory norms. On the leakage allegations, they claimed that the apartment had been handed over in a habitable condition and that any seepage may have resulted from natural wear and tear or alterations carried out after possession, for which they cannot be held liable in the absence of any structural defect.
In its May 4, 2026 order, MahaRERA observed that the agreement for sale, as well as the Index-II document, clearly recorded “zero vehicle parking space” and did not mention parking allotment. "MahaRERA has consistently held that where no parking is agreed and no consideration is paid, no enforceable right can be claimed subsequently. Hence, in the absence of any contractual or statutory entitlement, the prayer seeking allotment of car parking cannot be granted," the order noted.
Regarding the solar system and compound wall, MahaRERA stated that such amenities fall under common areas and facilities, and disputes regarding them should ordinarily be raised by the association of allottees or a collective body of flat purchasers, unless an individual contractual right exists. However, on the leakage complaint, MahaRERA directed the developer to conduct a joint inspection of the apartment within 30 days. The authority further ordered that if structural defects or workmanship-related deficiencies are found during inspection, the developer must rectify them at its own cost within a further 30 days under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016.
"Upon such inspection, if any defects are found to be structural defects or defects in workmanship, quality or provision of services attributable to the developers, the developers shall rectify the same at their own cost within a further period of 30 days in accordance with Section 14(3) of the Real Estate (Regulation and Development) Act, 2016," the MahaRERA said in its order.
