BackLAW
MahaRERA rules no parking rights without agreement; orders joint inspection for leakage in Mumbai project (May 2026)
MahaRERA ruled that homebuyers cannot claim car parking if no parking is allotted in the sale agreement and no separate payment is made. The May 4, 2026 order also directs a joint inspection for leakage issues and prescribes rectification by the developer if defects are found, while noting parking and other amenities are generally common-area matters unless contractually granted.
Why It Matters
This decision reinforces that parking rights must be contractually granted, potentially limiting remedies for buyers who relied on promises not documented in the agreement.
Timeline
2 Events
May 4, 2026: MahaRERA orders on parking, common areas and leakage
May 4, 2026
In its May 4, 2026 order, MahaRERA held that where the agreement for sale and Index-II document recorded zero parking space and did not mention parking allotment, no enforceable right to parking can be claimed subsequently. The authority also stated that amenities such as a solar system and a compound wall fall under common areas and disputes over them should generally be raised by the association, unless there is an individual contractual right. On leakage, MahaRERA directed the developer to conduct a joint inspection of the apartment within 30 days and, if defects of structure or workmanship are found, rectify them at the developer’s own cost within a further 30 days under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016.
July 2018: Registered sale agreement records zero parking space
July 2018
Homebuyers purchased an apartment in Mumbai’s suburbs under a registered sale agreement executed in July 2018, which recorded “zero vehicle parking space” and did not mention any parking allotment.