News: MahaRERA: No Parking Claim If Agreement Records None-12-05-2026

Homebuyers cannot demand a car parking space afterwards if the agreement for sale records no parking allotment and nothing was paid separately for it, MahaRERA has held.

The ruling came on a complaint by two buyers against a Mumbai-based developer. They had bought a flat in Mumbai’s suburbs under a registered agreement executed in July 2018. They alleged that despite repeated requests the developer had not provided promised amenities: a designated parking space as per municipal corporation norms, a solar system for the society and a proper side compound wall. They also said leakage in the side walls of their flat, which caused seepage and hardship, had not been repaired. Photographs of the seepage, the terrace and the missing compound wall were submitted.

The developer responded that the registered agreement specifically recorded "zero vehicle parking space" and that the buyers had paid no separate consideration for parking. It said the agreement contained no commitment on a solar system or compound wall, and that a permanent compound wall was not permissible under the sanctioned plans because the area had to stay open under regulatory norms. On leakage, it said the flat was handed over in habitable condition, any seepage could be due to natural wear and tear or alterations after possession, and it could not be held liable without a structural defect.

In its order of May 4, 2026, MahaRERA noted that both the agreement for sale and the Index-II document recorded zero parking and mentioned no allotment. It said it has consistently held that where no parking is agreed and no consideration paid, no enforceable right can be claimed later. In the absence of a contractual or statutory entitlement, the prayer could not be granted.

On the solar system and compound wall, the authority said these are common areas and facilities. Disputes about them should ordinarily be raised by the association of allottees or a collective body of flat purchasers, unless an individual contractual right exists.

The leakage complaint got partial relief. The developer was directed to carry out a joint inspection of the flat within 30 days. If defects are found to be structural, or in workmanship, quality or provision of services attributable to the developer, they must be rectified at its cost within a further 30 days under Section 14(3) of the Real Estate (Regulation and Development) Act, 2016.