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MahaRERA mandates strict parking regulations to prevent disputes
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MahaRERA mandates strict parking regulations to prevent disputes
Publish on : 2024-05-07 13:36:29
Following the registration of apartments, realty developers are mandated to incorporate these specifics into the allotment letter and agreement for sale, ensuring transparency and adherence to regulations. In a bid to avoid conflicts over parking spaces in residential developments, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has rolled out directives with regard to parking dimensions, numbering, and precise location within buildings. Following the registration of apartments, realty developers are mandated to incorporate these specifics into the allotment letter and agreement for sale, ensuring transparency and adherence to regulations. To streamline the process, MahaRERA has introduced a standardized annexure covering aspects of covered parking, garage, open parking, and mechanized parking. This move underscores a key shift where parking allocation assumes a non-negotiable status, akin to other critical clauses such as force majeure, defect liability period, carpet area, and transfer agreement outlined in the Model Agreement for Sale. With the implementation of these stringent measures, MahaRERA is looking to uphold consumer rights, mitigate disputes, and foster greater accountability within the real estate sector. The regulator has received many complaints with regard to parking spaces sold and allocated by the developers. Taking cognizance of this and to prevent a recurrence, MahaRERA has made it mandatory to include all details related to parking as part of annexures to the Allotment Letter and Agreement for Sale. The complaints that MahaRERA receives are of various nature, such as, the building's beam obstructing the parking of vehicles, 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 the promoter to annex this with an 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 is another aspect that has been made non-negotiable and any changes made despite the consent of a homebuyer, will not be accepted by MahaRERA.

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