The Maharashtra Real Estate Regulatory Authority (MahaRERA) has clarified that homebuyers cannot subsequently demand a car parking space if no such allotment was mentioned in the registered agreement for sale and no separate payment was made towards parking.
The clarification came while MahaRERA was hearing a complaint filed by two homebuyers against a Mumbai-based developer regarding alleged non-provision of amenities and defects in their apartment.
The dispute related to a flat purchased in Mumbai’s suburbs under a registered agreement executed in July 2018. The complainants alleged that the developer had failed to provide several promised facilities, including a designated parking space, a solar system for the housing society, a proper compound wall, and rectification of leakage and seepage issues inside the apartment.
The homebuyers submitted photographs before MahaRERA showing terrace damage, water seepage, and the absence of a side compound wall. “Developers have failed to provide a designated car parking space in accordance with the applicable Municipal Corporation of Greater (MCGM) norms, despite repeated reminders,” the homebuyers told MahaRERA.
“The developers have also failed to rectify the leakage issues in the side walls of the Complainant’s premises, resulting in water seepage and hardship,” the homebuyers told MahaRERA.
In response, the developer argued that the registered agreement for sale, along with the Index-II document, clearly stated “zero vehicle parking space” and that the purchasers had not paid any additional consideration for parking allotment.
The developer further stated that no commitments had been made regarding a solar system or permanent compound wall under the agreement. It also claimed that a permanent wall was not permissible under approved plans due to regulatory requirements mandating open space.
Regarding the leakage allegations, the developer maintained that the apartment had been handed over in habitable condition and that any seepage may have arisen due to natural wear and tear or alterations carried out after possession.
In its order dated May 4, 2026, MahaRERA observed that the agreement clearly recorded “zero vehicle parking space” and did not provide any contractual entitlement for parking.
“MahaRERA has consistently held that where no parking is agreed and no consideration is paid, no enforceable right can be claimed subsequently. Hence, in the absence of any contractual or statutory entitlement, the prayer seeking allotment of car parking cannot be granted,” the authority stated.
However, on the leakage issue, MahaRERA directed the developer to conduct a joint inspection within 30 days. The authority further ordered that if structural defects or workmanship deficiencies are identified, they must be rectified by the developer at its own cost within an additional 30 days under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016.
Source: Hindustan Times
