Detailed Overview of MahaRERA Order No. 54/2024: Streamlining Parking Regulations in Maharashtra's Real Estate Sector

Introduction

The provision and management of parking areas in real estate projects are critical issues in urban development. With increasing urbanization and vehicle ownership, disputes and regulatory concerns surrounding parking spaces have become prevalent. This article delves into the recent order issued by the Maharashtra Real Estate Regulatory Authority (MahaRERA) on the categorization, allocation, and regulation of parking areas in real estate projects. The discussion highlights the directives for garages, covered parking spaces, and open parking areas, offering an in-depth analysis of the regulatory framework and its implications.

Background

The regulation of parking areas within real estate projects in Maharashtra has been evolving to address various concerns raised by stakeholders. The MahaRERA, through Circular No. 36/2021 dated July 30, 2021, initially issued guidelines to streamline the allocation and management of parking spaces. However, further disputes and issues necessitated additional directives, culminating in Order No. 54/2024, dated April 29, 2024. This order aims to clarify and enforce the standards for parking spaces to ensure transparency and adequacy in real estate projects.

Key Directives of MahaRERA Order No. 54/2024

a.?????? Detailed Specifications and Allocation of Parking Spaces

The order mandates that the number, type, size, and specific location of parking spaces allocated to allottees must be clearly mentioned in the allotment letters and agreements for sale. This directive ensures that buyers have a clear understanding of their parking entitlements, reducing potential disputes. The approved parking layout plan must also be annexed to these documents.

b.????? Definition of 'Size' for Parking Spaces

To address issues related to the dimensions of parking spaces, the order specifies the parameters for size:

- Open Parking Areas: Defined by length and breadth for each vehicle.

- Garages and Covered Parking Spaces: Defined by length, breadth, and vertical clearance, applicable to parking spaces provided in basements, podiums, stilts, and mechanized arrangements.

c.?????? Non-Negotiable Clauses in Agreements

The order stipulates that specific clauses regarding parking, as outlined in the annexure, must be incorporated into the allotment letters and agreements for sale. These clauses are non-negotiable, and any deviation or modification by promoters can lead to regulatory action as per MahaRERA Order No. 38/2022.

d.????? Supplementation of Previous Circulars

This order supplements the directives issued under Circular No. 36/2021, ensuring that the guidelines for common areas and parking are consistently enforced across all real estate projects.

Implications for Stakeholders

a.?????? For Promoters

Promoters are required to strictly adhere to the specified guidelines, ensuring that the allocation of parking spaces is transparent and in compliance with regulatory standards. Failure to incorporate the mandated clauses or deviations from the approved plans can result in significant penalties.

b.????? For Buyers

The directives offer greater transparency and protection for buyers, ensuring they receive the parking spaces as promised in their agreements. Clear specifications regarding the size and location of parking spaces help in reducing ambiguity and potential disputes.

c.?????? For Regulatory Authorities

MahaRERA's enhanced directives aim to streamline the regulation of parking spaces, ensuring that real estate projects adhere to defined standards. The authority's role in monitoring compliance is crucial for maintaining the integrity of the real estate market.

Challenges and Future Considerations

Despite the comprehensive nature of the directives, certain challenges remain:

- Implementation and Enforcement: Ensuring consistent enforcement across numerous projects can be challenging. Regular audits and stringent penalties are necessary to ensure compliance.

- Design and Space Constraints: Urban areas often face space constraints, making it difficult to provide adequate parking. Innovative solutions like mechanized parking systems and multi-level parking structures may be necessary.

- Stakeholder Awareness: Both promoters and buyers need to be aware of these regulations. Awareness campaigns and educational initiatives can help in disseminating this information effectively.

Conclusion

MahaRERA's Order No. 54/2024 represents a significant step towards regulating parking areas in real estate projects, aiming to resolve disputes and ensure transparency. By clearly defining the specifications and non-negotiable clauses related to parking spaces, the order provides a robust framework for the allocation and management of parking areas. As urbanization continues to intensify, such regulatory measures are crucial for sustainable urban development and the protection of stakeholder interests.

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Find the relevant order : Order no. 54/2024 MahaRera