Parking spaces are a crucial element in real estate projects, whether they’re garages, covered parking spaces, or open parking areas. However, over time, a variety of issues have emerged surrounding parking space allocation, size, and functionality. Complaints from both developers and homebuyers regarding these concerns have highlighted the need for clearer regulations. To address these ongoing issues, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued new guidelines to streamline the process of parking space allocation and avoid future disputes.
Why Were These Guidelines Issued?
Despite previous attempts to clarify parking space regulations, several issues continued to arise, such as:
• Inadequate parking space size: Parking spots were often too small, which made it difficult or even impossible to park vehicles properly.
• Obstructions in parking areas: For instance, building beams or poorly planned layouts made it challenging to park or even exit the vehicle.
• Insufficient maneuvering space: There was often not enough room to open car doors or maneuver the vehicle, especially in tight parking spaces.
These problems led to confusion, dissatisfaction, and disputes between homebuyers and developers. To resolve these issues and provide clear guidelines, MahaRERA issued a new circular with specific directions regarding parking spaces in real estate projects.
Key Updates and Changes
Here’s a detailed breakdown of the key updates in the guidelines, which include Order No. 36/2021 and Order No. 54/2024:
1. Open Parking Areas Are Free of FSI
Floor Space Index (FSI) determines how much floor area can be built on a particular plot of land. In simpler terms, it limits the amount of space a developer can build. Open parking areas, as per the new guidelines, are not counted towards FSI. This means developers can allocate space for open parking without worrying about affecting the allowed construction area for the project.
2. Clear Information in Sale Documents
One of the biggest causes of confusion and disputes in real estate transactions has been lack of clarity about parking spaces. To ensure transparency, MahaRERA now requires developers to provide detailed information about the parking spaces in all official sale documents, including the allotment letter and the agreement for sale. These documents must include:
• Type of Parking: Whether it is an open parking space, a garage, or a covered parking space.
• Size of the Parking Space: The dimensions of the parking space must be specified. For open parking, this means providing the length and width, while for covered or garage parking, the height (or vertical clearance) must also be included to ensure the space accommodates vehicles comfortably.
• Exact Location of Parking: The parking space must be marked clearly on the approved parking layout plan, which will be attached to the agreement. This ensures that both parties are aware of the exact location of the parking space allotted to the buyer.
3. What Does ‘Size’ Mean for Parking Spaces?
The term “size” of parking spaces has now been more clearly defined to avoid confusion:
• Open Parking Spaces: These are defined by their length and width, essentially how much room is available for the vehicle.
• Garage and Covered Parking Spaces: These spaces are more complex. The length, width, and vertical clearance (height) must be specified. This is particularly important for parking in basements, podiums, stilts, or mechanized parking systems, as these spaces may have height restrictions that could affect certain vehicles.
4. Updated Clauses in Sale Agreements
The clauses concerning parking in sale agreements have been updated to include the specific details mentioned above. Importantly, these new clauses are non-negotiable, meaning they must be included in the agreement for sale. If a developer fails to include these updated clauses, or if they modify them later, MahaRERA can take action as per the law, including penalties or other regulatory measures.
5. No Selling of Open Parking Areas
MahaRERA has clarified that open parking areas are part of the common areas within a real estate project. These areas cannot be sold to individual buyers for monetary consideration. Developers may offer these spaces as part of the project, but they cannot treat them as an additional saleable asset. This policy aims to prevent parking spaces from becoming an additional revenue stream for developers and ensures they remain part of the shared common areas for the benefit of all residents.
6. Parking Spaces Must Be Clearly Marked
To reduce confusion and ensure that each vehicle has a designated space, all parking areas—whether open, garage, or covered—must be clearly marked and numbered. These markings must match the approved layout plan for the property. Importantly, each parking space should be linked to a specific apartment so that homebuyers know exactly where to park.
Why Are These Changes Important?
These changes are critical for several reasons:
• For Developers (Promoters): These new guidelines help developers avoid future disputes related to parking allocation. By providing clear and detailed information about parking spaces, developers can reduce the risk of conflicts with buyers and avoid penalties for non-compliance. This also ensures that the development is in accordance with MahaRERA’s regulations, protecting the developers from potential legal issues.
• For Buyers (Allottees): Homebuyers can now be certain about the type, size, and location of the parking space they are purchasing. These updates ensure that the parking spaces are functional, sufficient, and clearly marked, which minimizes the risk of facing issues with inadequate or obstructed parking. By providing transparency, these changes also protect the interests of buyers and help ensure a smoother, more predictable home-buying experience.
What Happens If Developers Don’t Follow the Guidelines?
These guidelines are mandatory. If a developer fails to include the correct details in the sale documents or does not comply with these updated directions, it will be considered a violation of the Real Estate (Regulation and Development) Act. As a result, MahaRERA may take corrective action, including imposing penalties or pursuing other legal measures outlined in the law. This ensures that developers comply with the regulations and that the interests of homebuyers are protected.
When Do These Changes Come Into Effect?
These new guidelines are effective immediately. Real estate developers in Maharashtra are required to follow these directions for all current and future projects. Buyers can expect to see clearer and more detailed information about parking in their sale agreements from now on.
Conclusion
MahaRERA’s updated guidelines concerning parking areas in real estate projects represent a significant step toward improving the transparency, fairness, and organization of parking space allocation. By mandating clear markings, specified sizes, and detailed documentation of parking spaces, these new rules aim to reduce disputes and make the real estate transaction process more predictable and efficient for both developers and buyers. Whether you are a developer or a homebuyer, understanding and complying with these updated regulations will ensure a smoother and more conflict-free experience in the long run.
Our experts are here to help.
.webp)