MahaRERA Bans Sale Of Open Parking Spaces, Issues Clear Directions To Builders
Authority Clarifies Rules On Garage, Covered Parking And Common Areas
In a major directive impacting homebuyers and developers, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a circular clarifying that builders cannot sell or allot open parking areas for monetary consideration.
The order, approved by the Chairperson of MahaRERA, draws on definitions provided under the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Maharashtra RERA Rules, 2017.
Key Clarifications
According to the circular, which takes effect immediately:
- Open parking areas are part of common areas and are provided free of FSI (Floor Space Index).
- Promoters are prohibited from selling or allotting open parking areas for money.
- All open, covered and garage parking spaces must be clearly marked, numbered, and tagged to the respective apartment as per approved sanctioned plans.
- If a garage or covered parking space is sold or allotted, the type, number, size and exact location must be specified in the Agreement for Sale along with an annexed plan.
Why The Move
The circular follows complaints that promoters were charging buyers for open parking and disputes frequently arose over the exact location of allotted parking vis-à-vis flats.
MahaRERA emphasised that failure to comply with these directions would be treated as a violation of the RERA Act, Rules and Regulations, and would invite strict action.
Impact On Homebuyers
The decision ensures that open parking remains a shared amenity for residents and not an additional cost burden. Legal experts note that this move reinforces transparency and accountability in real estate projects, while curbing unfair trade practices by builders.
