The Maharashtra Real Estate Regulatory Authority (MahaRERA) has taken a proactive step to prevent conflicts over parking spaces in residential developments by mandating strict regulations.
Aimed at ensuring transparency and accountability within the real estate sector, these directives focus on parking dimensions, numbering, and precise location within buildings. Following the registration of apartments, realty developers are now required to incorporate specific parking details into the allotment letter and agreement for sale. This move aims to streamline the process and minimise disputes related to parking allocation. To further standardise parking regulations, MahaRERA has introduced a standardised annexure covering various aspects such as covered parking, garage, open parking, and mechanised parking. This standardised approach reflects a significant shift where parking allocation assumes a non-negotiable status, similar to other critical clauses outlined in the Model Agreement for Sale.
The implementation of these stringent measures underscores MahaRERA’s commitment to upholding consumer rights and mitigating disputes within the real estate sector. Numerous complaints regarding parking spaces sold and allocated by developers have prompted this proactive action. Complaints received by MahaRERA range from building structures obstructing parking to inadequate maneuvering space, highlighting the need for standardised parking regulations. To address these concerns, MahaRERA has mandated the inclusion of detailed parking information in the annexures to the Allotment Letter and Agreement for Sale.
In line with this, MahaRERA has issued a model draft clause to be included in legal documents, ensuring clarity and transparency regarding parking allocation. This standard clause aims to prevent ambiguity or disputes at later stages and is now mandatory for promoters to annex with Allotment Letter and Agreement for Sale. Additionally, parking has been made a non-negotiable aspect in the Model Agreement for Sale issued by MahaRERA in December 2022. Alongside force majeure, carpet area, defect liability period, and transfer agreement, parking details are now mandatory in every agreement for sale. Any changes made without the consent of homebuyers will not be accepted by MahaRERA, further emphasising the importance of adhering to these regulations.
