After flat’s registration, it is binding on the developer to annex these details with the Allotment Letter and Agreement for Sale
For this, MahaRERA has issued a standard annexure for Covered Parking, Garage, Open Parking and Mechanised Parking
Now, parking is non-negotiable, similar to the other four non-negotiable clauses of force majeure, defect liability period, carpet area and transfer agreement in the Model Agreement for Sale
Several complaints have been received by the Maharashtra Real Estate Regulatory Authority (MahaRERA) with regards to parking spaces sold and allocated by the developers. Therefore, the housing regulator has taken a serious cognisance of this and to prevent a recurrence, it will be mandatory to include all details related to parking as part of annexures to the Allotment Letter and Agreement for Sale.
The complaints that MahaRERA receive are of various nature, such as, building’s beam obstructing parking of vehicle, vehicle cannot be parked in the parking, vehicle door cannot be opened to exit, maneuvering space inadequate, etc.
MahaRERA has issued a model draft clause as per of circular’s annexure, to be included in the legal documents, which includes all the details regarding the parking lot number, parking length, height, width, location of the parking block, etc. in the building. This standard clause is to prevent any ambiguity or disputes at a later stage and is mandatory for promoter to annexe this with Allotment letter and Agreement for Sale.
In the Model Agreement for Sale, issued in December 2022, mention of Force Majeure, Carpet Area, Defect Liability Period and Transfer Agreement have been made mandatory in every agreement for sale. Now, parking in another aspect that has been made non-negotiable and any changes made despite the consent of a homebuyer, will not be accepted by MahaRERA.
Therefore, MahaRERA insists on strict adherence to the circular and the standard draft clause stating complete details about a parking slot. This will prevent any inconvenience and agony over parking premises that a homebuyer otherwise faces after moving into a new residence.
Also Read: MahaRERA urges homebuyers to be cautious; publishes district-wise list on its portal
