This should end the debate whether a developer can sell open parking space or not. Now it’s in written that a developer is not allowed to sell or allot a parking space for monetary considerations.
By Varun Singh
This debate, whether a developer can sell or allot open parking spaces has always been the bone of contention between homebuyers and the builder community.
Many home buyers are always seen complaining that they have been sold and open parking space.
Even MahaRERA claims that on several occasions it has been brought to the authority is notice, that builders sell or allot open parking area for monetary consideration.
This forced the MahaRERA to come out with a circular clearly giving out statements that a developer is not entitled to sell or allot open parking area for monetary considerations.
The circular by MahaRERA further states, that there have been disputes on the exact location of the parking space vis a vis the apartment.
“In view of the above, it is therefore, felt necessary to issue this circular clarifying the following,” read the MahaRERA circular.
The reasons cited by MahaRERA are as follows.
- Open parking areas are provided free of FSI;
- Promoters are not entitled to sell/allot open parking areas for monetary consideration;
- Open parking areas, garage and covered Parking spaces should be specifically marked and numbered at the real estate project site in accordance and as per approved / sanctioned plans and tagged to the apartment to which it is allotted; and
- Garage/or covered parking space when sold/allotted for monetary consideration, the type, numbers and size as well as the place where such garage or covered parking space is situated should be mentioned in the Agreement for Sale being entered into and the plan showing the exact location / allotment along with the particulars as aforesaid should be annexed to the Agreement for Sale.
Failure to comply with the MahaRERA directions shall be considered as violations of the provisions RERA and actions shall be taken against those violators.