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A homebuyer will feel deceived if the parking space they bought is too small for their car upon allotment of the flat. The issue could stem from the homebuyer’s lack of due diligence or miscommunication of requirements, or it might be due to the developer fraudulently providing a smaller space than agreed upon. MahaRERA has addressed the issue in an order dated April 29, 2024.
What does the order say?
The number, type, and size, as well as the place where parking is booked/ allotted by/to an allottee, should be mentioned in the allotment letter.
The word 'size' used herein means:
a) Length x breadth for open parking areas for each vehicle to be parked.
b) Length x breadth x vertical clearance for garages, covered parking spaces provided at the basement, podium, stilts, and mechanised parking arrangement for each vehicle to be parked.
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The parking layout plan, which has been approved by the planning authority and includes details such as type, size, and number of spaces, should be annexed to the allotment letter or agreement for sale.
The clauses pertaining to car parking shall be 'non-negotiable' and non-compliance, including modification of the standard clause, will result in the agreement for sale being considered invalid and not binding upon the flat buyers.
What should be the standard parking size that promoters must adhere to?
“In the present order, MahaRERA has taken a pivotal step by revising the model agreement between developers and homebuyers, thereby bolstering the rights of the latter,” Shweta Bharti, managing partner at Hammurabi & Solomon Partners told Business Standard.
“With this modification, homebuyers will now have precise information regarding the specifications of their allotted car parking space. This empowers them to promptly identify and take legal action against developers should there be any deviations upon possession. Including explicit indications of parking spaces in the sale agreement can greatly benefit homebuyers across India.”
What will be the benefits of MahaRERA order?
Resolves disputes
Incorporating the sample clause specified in the annexure of the MahaRERA order into the agreement to sale and allotment letter will protect the interests of allottees. It will reduce conflicts between promoters and allottees regarding parking assignment and related expenses.
Awareness
Misunderstanding about minimum parking space requirements is likely to decrease.
It will ensure that homebuyers have a clear understanding of the parking space they are purchasing. By having detailed dimensions in official documents, buyers can make informed decisions.
Legal protection
Including parking space details in legal documents like the sale agreement offers homebuyers legal protection. If any issues arise regarding the parking space, buyers have documented proof of what was agreed upon.
Prevention of misleading practices
It will discourage developers from misleading practices regarding the size and location of parking spaces. It reduces the chances of developers selling inadequate or unsuitable parking spaces, ensuring that what is promised is actually delivered.
How will homebuyers with mechanised car parking systems in societies benefit?
Order outlines that the structural component of a mechanical parking system be considered part of the parking space. Mechanical car parking, also referred to as automated or robotic parking, is an advanced solution devised to optimise parking capacity through vertical stacking of vehicles. In these systems, cars are parked and retrieved using automated platforms, lifts, or conveyors, eliminating the need for traditional side-by-side parking spaces.
Benefits
Clarity on usable Space:
By specifying the exact dimensions of the parking space, homebuyers will have a clear understanding of the actual usable space available for their vehicle, excluding the structural components of the mechanised system. This ensures buyers know exactly how much space they have.
Prevention of being misled:
Developers will not be able to mislead buyers by including the structural components of the mechanised parking system in the total parking space measurement. This prevents the reduction of usable parking space and ensures transparency.
