Can Homebuyers Claim Parking Rights if Not in Sale Agreement?

In a significant clarification of the Real Estate (Regulation and Development) Act, 2016, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has ruled that homebuyers cannot claim rights to a car parking space if such an amenity is not explicitly detailed within the registered sale agreement. The decision was issued following a series of complaints against a Mumbai-based developer, where residents alleged they were being denied promised parking facilities. The authority emphasised that while RERA provides extensive protections, it ultimately enforces the contractual framework agreed upon by both parties at the time of purchase.

Contractual Primacy and Transparency Mandates

The ruling reinforces a critical 2024 directive where MahaRERA made it mandatory for developers to include comprehensive parking details as part of the annexures to the Allotment Letter and Agreement for Sale. These details must include the specific parking lot number, height, width, and exact location within the building. Legal experts note that if a buyer pays for a "composite price" that supposedly includes parking, but the agreement remains silent on the specific slot, the buyer faces a high legal hurdle in claiming that space later. The regulator's stance is that a "mere paper allotment" is insufficient; the space must be identifiable and usable as per the contract.

Developer Obligations and Defect Liability

While the authority denied the specific parking claims in the absence of written documentation, it used the same proceeding to remind developers of their broader statutory duties. MahaRERA instructed the developer in the Mumbai case to inspect and resolve existing leakage and structural issues within 30 days, citing the 'Defect Liability' clause under RERA. This indicates that while the regulator will not grant amenities outside of the written contract, it will strictly enforce quality and maintenance standards for the components that are legally part of the project.

Legal Precedents and Common Areas

The ruling also aligns with the Supreme Court’s historical judgment in the Nahalchand Laloochand case, which established that open and stilt parking form part of the "common areas" of a society. Developers are prohibited from selling these common areas as independently saleable units. However, the allocation of specific covered slots is governed by the specific terms of the individual sale agreement. Once a housing society is formed and the conveyance is completed, the society gains full control over the management and regulation of these common parking zones, potentially overriding any informal or non-contractual prior arrangements made by the developer.

Strategic Advice for Prospective Homebuyers

Market analysts suggest that this ruling serves as a vital warning for 2026 property seekers to never rely on verbal promises or informal marketing brochures. Prospective buyers should ensure that the Agreement for Sale (AFS) includes a non-negotiable clause stating the complete particulars of the parking space. Furthermore, before taking possession, allottees are encouraged to conduct a physical site verification to ensure that the delivered parking space matches the technical dimensions recorded in the legal documents. Without these precautions, homebuyers risk being left without legal recourse in the event of a dispute over one of Mumbai's most valuable real estate commodities.

Enjoyed this update? Visit PropTech Pulse for more real estate news and market insights.