MahaRERA's New Rule: A Game-Changer for Homebuyers Facing Parking Space Issues
MahaRERA has introduced a new rule to protect homebuyers from parking space manipulation by builders. The rule mandates promoters to provide specific information about parking spaces
MahareraParking SpaceHomebuyersBuildersReal EstateMaharashtraReal Estate MumbaiMay 29, 2024
The order mandates that specific information about parking spaces, including dimensions, should be mentioned in allotment letters and sale agreements. This move aims to avoid parking disputes and protect the interests of homebuyers.
One such instance was addressed by MahaRERA in Nilesh Patil v Naiknavare Developers Pvt Ltd, where the homebuyer was allotted an area less than the area promised in the Agreement for Sale. The Tribunal ordered the builder to allot car parking space as per the Agreement for Sale.
The standard parking size that promoters must adhere to is governed by the Development Control and Promotion Regulations (DCP). According to Regulation 44(1)(ii) of the DCP Regulation, the minimum dimensions for parking space are as follows: 2.5 m x 5.5 m for motor vehicles, 3 sq. m for scooters and motorcycles, 1.4 sq. m for bicycles, and 3.75 m x 7.5 m for transport vehicles/buses.
The MahaRERA order further mandates that these clauses pertaining to car parking shall be 'non-negotiable clauses' and non-compliance of the same including modification of the standard clause will result in the Agreement for Sale being considered void ab initio (invalid) and not binding upon the flat buyers.
Homebuyers stand to benefit significantly from this order. The mandatory inclusion of the sample clause in the Agreement to Sale and allotment letter will help protect their interests and minimize disputes between promoters and allottees concerning parking allocation and associated costs.
Experts say that homebuyer's rights are now protected due to this order by MahaRERA. The homebuyer will now be aware of the exact specifications of the car parking space to which they are entitled and will be in a position to identify and initiate prompt legal action against the developer in case of any deviation at the time of possession.
Mechanised or automated parking systems are available in very high-end flats as a premium feature. Experts say that in flats where mechanised parking facilities are available, there was an issue as the promoters included the structural components of the mechanised parking while calculating the parking space. However, this process ultimately reduced the usable parking space.
Maharashtra Real Estate Regulatory Authority (MahaRERA) is a regulatory body established under the Real Estate (Regulation and Development) Act, 2016 to regulate the real estate sector in Maharashtra.
Cyril Amarchand Mangaldas, Singhania & Co, and ALMT Legal are law firms that provide legal services to the real estate industry. Their experts have shared their insights on the implications of MahaRERA's new rule on parking space manipulation.
Frequently Asked Questions
What is the minimum parking space size for motor vehicles? A: 2 5 m x 5 5 m Q: What is the purpose of MahaRERA's new rule on parking space? A: To protect homebuyers from parking space manipulation by builders Q: What are the non-negotiable clauses in the Agreement to Sale and allotment letter? A: Clauses pertaining to car parking spaces including dimensions and specifications Q: How will homebuyers benefit from this new rule? A: They will be aware of the exact specifications of the car parking space and can initiate prompt legal action against the developer in case of any deviation Q: What is the Floor Space Index (FSI)? A: It is the ratio of the total covered area on all floors to the plot area
Answer not available
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