Many people who live in cities value their parking spot as much as their apartment itself. Having the perfect home can quickly become a nightmare, though, if your car doesn’t fit in the room you paid for. The Maharashtra Real Estate Regulatory Authority (MahaRERA) recently made an important decision that clarified the regulator’s power regarding “inadequate” parking lots and whether it can order a developer to tear them down and start over.
The Dispute: Small Spaces and Big Problems
The problem came to light when a group of sellers in Mumbai approached the authorities with a very serious complaint. After spending almost ₹5 lakh each on automatic (stack) parking spots, they found that they couldn’t be used at all. The buyers said it was too small, the building beams were in the way of their cars, and there wasn’t even enough space to open the doors or move the cars into the slot.
The buyers asked MahaRERA to order the removal of the old, broken parking system and force the developer to build a new one that met modern standards and government rules. This was a very strong request.
The Verdict: Where MahaRERA Draws the Line
Even though it was clear that the homeowners were upset, MahaRERA turned down their request to tear down the house. Why? Ability to judge. The body said its main job is to ensure developers comply with the Real Estate (Regulation and Development) Act. The “Development Control Rules” are the technical building laws of a city. It is the job of the local municipal planning body, not RERA, to decide whether a building’s design complies with them.
0MahaRERA said that the planning authority had already “cleared” the work as in line with the approved plans, since the project had already been issued an Occupation Certificate (OC). If the buyers believe the plans are incorrect or that the rules were broken, they need to take their case to the municipal corporation that issued the certificate.
New Rules to Prevent Future Fights
MahaRERA can’t always order a demolition, but it has done a lot to make sure that future sellers don’t have to deal with this. The government knew that parking was a big “pain point,” so in 2024 and 2025, they put in place new, strict rules for openness.
Developers must now include a thorough parking map in all “Agreements for Sale.” This map needs to show:
- The spot’s exact length, width, and height.
- The exact parking number that was given to the buyer.
- The amount of room around the spot for moving.
These information can no longer be changed. If a builder says on paper that a house will be a certain size but then delivers something smaller, the buyer has a better legal case for getting money back or compensation.
What Should Homebuyers Do?
Anyone who is buying a home today should pay attention to this decision. You can’t just assume that a “parking spot” will work for your car. Before you sign anything, you should always ask for the technical measurements to keep yourself safe. Bring your car with you when you buy an apartment in a ready-to-move-in building, and try to park it in the designated spot before you finish making the payment.
MahaRERA may not be able to destroy a badly planned parking lot, but it has given owners the tools they need to make sure they don’t buy a “phantom” space in the first place.
Disclaimer: This article provides general information and does not constitute legal advice. Property laws and regulatory powers vary; please consult a qualified legal professional for specific guidance on your real estate disputes.
Also Read: Global Tensions and Your Dream Home: Why Property Prices Could Rise.
Source:Hindustan Times
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