Petition on covered parking to the Authority under MAHA RERA
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Updated on 28.02.2024
The question of whether promoters can sell covered parking spaces in Maharashtra has been lingering for quite some time at the same time has been a hotly debated topic. The Real Estate (regulation and development)Act, 2016 does not provide for sale of Covered Parking space, however, The Maharashtra real estate regulatory Authority has issued a circular dated 30.07.2021 restricting sale of open parking by promoters while permitting the sale of covered parking space. Baffled by the circular and contrasting views of the Supreme Court and the High courts which do not support the sale of covered parking the debate on whether covered parking can be sold or not has grown even bigger and the same needs to be addressed at the earliest.
The provisions of the RERA certainly do not provide for the sale of covered parking and a discussion of the law on the point certainly helps us in understanding that covered parking space cannot be sold in Maharashtra and under RERA. However, the Maharashtra rules under RERA do define ‘covered parking’ while at the same time the model agreement under the Maharashtra Rules does contain a provision referring to sale of covered parking space, which seems to have influenced the Real Estate Regulatory Authority in Maharashtra in forming an opinion that covered parking space is sellable. As the issue affects the right of all the purchasers of apartments it was found necessary to address the enclosed petition to the Maharashtra Real Estate Regulatory Authority.
