Navigating real estate in Mumbai can be tricky—especially when it comes to RERA regulations on car parking. Many homebuyers are unaware of their rights, leading to common disputes around sold parking spots, missing visitor parking, and non-compliance by builders. This blog breaks down everything you need to know about MahaRERA parking rules, landmark court judgments, legal provisions, and what buyers can do when their rights are violated.
What RERA Says About Parking Spaces in Mumbai
Under the Real Estate (Regulation and Development) Act (RERA) and specifically MahaRERA, builders must disclose complete details about all parking areas at the time of project registration. Here’s how RERA classifies parking:
🅿️ Types of Parking Under RERA
- Open Parking: Considered a common area. Cannot be sold separately.
- Stilt Parking: Also treated as a common facility. Sale is not allowed.
- Covered Garage: This is the only type of parking that can legally be sold, provided it is clearly defined in the sanctioned plan and agreement.
These definitions are clearly supported by Supreme Court’s decision in Nahalchand Laloochand Pvt. Ltd. vs Panchali CHS, which bars promoters from selling open/stilt parking independently.
MahaRERA’s Directives: Parking Clarity & Transparency
In 2024, MahaRERA Order No. 54/2024 was issued to improve transparency:
- Builders must specify parking dimensions, location, and type in the Agreement for Sale and Allotment Letter.
- Only covered garages can be priced and sold.
- Open and stilt parking areas must be handed over to the Cooperative Housing Society (CHS).
This directive strengthens buyer rights and keeps promoters accountable.
Can Builders Sell Flats Without Parking?
Legally, yes, but only if:
- The overall project has the required number of parking spaces as per DCR 1991.
- The flat buyer is clearly informed and agrees in writing.
However, if a builder sells flats without provisioning mandatory parking in the approved plans, they violate RERA norms, risking penalties and rejection of Occupation Certificate (OC).
Mumbai’s Applicable Development Control Regulations
Contrary to other cities in Maharashtra, Mumbai follows DCR 1991, not UDCPR 2020. However, DCPR 2034 (Draft) is expected to replace it soon.
Highlights of DCR Parking Provisions:
- Parking space is mandatory based on carpet area.
- Visitor parking must be provisioned, especially in redevelopment and high-rise projects.
Consequences of Non-Compliance by Builders
When builders fail to comply with RERA car parking rules:
- OC (Occupation Certificate) may be denied.
- Flats may be deemed illegal for possession or resale.
- Builders may face penalties and compensation claims under MahaRERA.
Several consumer forums have already fined developers for selling stilt/open parking or failing to provide what was promised.
Real Consumer Complaints Under RERA in Mumbai
Common disputes include:
- Buyers being charged separately for stilt/open parking.
- Flats sold with inadequate or no parking.
- Allottees receiving smaller or blocked parking spaces.
MahaRERA has ordered refunds, corrective action, and fines in multiple such cases.
What Buyers Should Do
✅ Ask for parking layout during booking.
✅ Ensure parking type is defined in the agreement.
✅ File a complaint with MahaRERA if rules are breached.
✅ Cross-check builder’s project registration and parking provision at maharera.maharashtra.gov.in.
Conclusion
Understanding RERA regulations on car parking in Mumbai is crucial to protect your investment. With legal backing, buyer rights are stronger than ever. Always verify if your parking space is legally defined and part of the sanctioned plan.
Looking for verified, rental homes, resale inventory and trusted builders in Mumbai or Thane? Visit OneStopRealty for expert help, legal checks, and tenant-friendly support.
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