MahaRERA Mandates Alternate Parking for Homebuyer Until Construction Completes

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has taken a firm stance on the issue of parking spaces for homebuyers. In a recent order, MahaRERA directed a real estate developer to provide an alternate parking space to a homebuyer until his designated parking space is constructed. This decision underscores the regulatory body's commitment to protecting the rights of homebuyers and ensuring that developers fulfill their obligations.

The developer is under an obligation to provide a usable covered car parking space once the consideration for the same has been collected. MahaRERA emphasized that merely allotting a parking slot on paper in a building that is still under construction and not available for actual use cannot be considered a proper allotment of the promised parking facility.

The MahaRERA further directed the developer to allot a 'reasonably accessible' car parking space to the homebuyer within three months of the order.

The Case

The homebuyer purchased an apartment in a Pune project in February 2020, along with one covered parking space. According to the homebuyer, although possession of the apartment was handed over in March 2024, the parking facility was not usable. Instead, a temporary parking space in an open area was assigned in another building, and the designated permanent parking space remained in a structure still under construction, rendering it ‘inaccessible and unfit for use.’

The homebuyer alleged that the developer allotted permanent parking in building A (name changed), whereas he had booked an apartment in building G. He claimed that the parking space and the building in which he booked the flat are far apart.

Developers' Defence

In its response to MahaRERA, the developer argued that in an integrated township project, it is not always possible for every apartment owner to receive a parking space directly below or adjacent to their respective tower. In such circumstances, parking spaces are allotted in nearby towers or designated areas within the project.

The developer stated, “Homeowners who booked earlier naturally rank higher in the seniority list than those who booked later, and the allotment has been carried out strictly in accordance with the said seniority list without any deviation.” According to the developer, the clauses of the agreement for sale pertaining to car parking allocation do not confer any right upon the homebuyer to choose or demand a specific parking slot.

MahaRERA's Verdict

In a recent order, MahaRERA acknowledged that the agreement for sale may not confer upon the homebuyer an absolute right to demand a parking slot in a specific tower. However, the regulatory body emphasized that the developer is still obligated to provide a usable parking space once the consideration for the same has been collected.

MahaRERA's decision highlights the importance of transparency and accountability in the real estate sector, ensuring that homebuyers receive the amenities they have paid for in a timely and functional manner.

Boilerplate

The Maharashtra Real Estate Regulatory Authority (MahaRERA) is a statutory regulatory body established under the Real Estate (Regulation and Development) Act, 2016. Its primary objective is to protect the interests of homebuyers and promote a fair and transparent real estate market in the state of Maharashtra.