Open Car Parking Space cannot be sold by Developer – MahaRERA
The above article appeared in the Economic Times this morning.
Mumbai Property Exchange – Sandeep Sadh views –
This is a very good decision by MahaRERA as this will give clarity to both home buyers and developers as what is saleable and what is not. Interesting thing to note here will be that by virtue of this order, all the open spaces sold till date by developers may not be valid, as once housing societies will be formed, they may declare all the open areas sold for car parking as invalid and under their control and will allot as per the society rules to members.
A lot of issues will come up due to this. So best thing to do by Developers who have sold such open car parking spaces is to refund the money and create proper and maintain 1 Flat 2 BHK + 1 Car Parking space, 1 Flat 3 BHK – 2 Car Parking Ratio mandatory in the Building open areas which cannot be sold so every one gets parking.
As per the provisions of RERA and as per the FAQ’s on RERA website
Question No. 9 Is it permissible to sell parking to allottees?
Ans: The position of parking is as follows;
a) Open Parking Area: This has been clearly included in the definition of”Common Areas” which need to be conveyed to the Association of Allottees after Occupancy Certificate is received. Hence, sale or allotment of Open Parking Areas by the Promoter is not permissible
b) Covered Parking as defined in the Maharashtra Real Estate (Regulation and Development)(Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website) Rules, 2017 is permitted to be sold
c) Garage as defined in the Act is permitted to be sold.
Further, a good idea for Developers to allot the car parking should be after they form the society after selling 51% and then they can allot car parking spaces before hand to the home buyers.
Question 33. Is there any time limit prescribed for the promoter for formation of society or any other legal entity of home buyers?
Ans: Promoter has to enable formation of Legal Entity like Cooperative Society,Company, Association, Federation etc. within three months from the date on which fifty one per cent of the total number of Purchasers, in such a building or a wing, have booked their apartment.
Question 34. Is there a time limit prescribed for the promoter to execute conveyance in favour of the association of buyers?
Ans: Promoter shall execute a registered conveyance deed in favour of the allottee within three months from date of issue of occupancy certificate or fifty one per cent of the total number of Purchasers, in such a building or a wing, has paid the full consideration to the promoter, whichever is earlier.