MahaRERA Says Paper Parking Is Not Real Parking: What This Ruling Means for Every Mumbai Homebuyer

Every Mumbai homebuyer who has ever accepted the keys to their flat along with a parking allotment letter, only to discover that the actual space is too narrow for their car or blocked by a building column, will find the Maharashtra Real Estate Regulatory Authority's recent ruling deeply validating. MahaRERA has held, clearly and without ambiguity, that a developer cannot discharge its obligations by simply putting a parking allotment on paper. The physical space must be safe, usable, and functional in actual practice. This ruling has implications that extend far beyond the single project where the dispute arose.

The ruling was delivered by MahaRERA Member Mahesh Pathak in a case against Godiva Properties Private Limited, related to the project Kohinoor World Tower Phase 1 in Haveli, Pune. The complainant was Investez LLP, which filed the case under Section 31 of the Real Estate (Regulation and Development) Act, 2016.

The complaint alleged that the stack parking allotted to the complainant was unsafe and unusable. The developer argued that the parking had been allotted strictly in accordance with sanctioned layout plans, that minor adjustments had already been made to improve access, and that no alternative allotment was possible as all spaces stood allocated.

MahaRERA rejected the developer's defence. The Authority noted that photographs submitted by the complainant showed prima facie evidence of inadequate side margins in the allotted parking spaces. Crucially, the developer had failed to place any sanctioned layout plan or technical material on record to demonstrate that the allotted spaces conformed to prescribed dimensions and safety requirements.

The language of the ruling is worth paying close attention to. MahaRERA held that once car parking is agreed upon and consideration is charged, the parking must be safe, usable, and functional. Mere allotment of parking on paper cannot defeat the substantive right of an allottee to safe parking.

This finding establishes a clear principle: the right to parking is not merely contractual or procedural. It is substantive. A notional allotment that gives a homebuyer a parking number but not a space they can actually use is a violation of their rights under RERA, regardless of whether the developer can point to a plan that technically shows the space exists.

The Authority directed that within 30 days, the developer and the complainant jointly inspect the allotted parking spaces to determine whether they are safe, usable, and in conformity with applicable norms and sanctioned plans. If the existing spaces are found to be unsafe or unusable on inspection, the developer must allot alternative safe and functional parking spaces to the complainant, subject to availability and the sanctioned layout.

This ruling builds on an earlier April 2024 MahaRERA order that mandated specific inclusion of parking space details in all allotment letters and sale agreements. That order required developers to disclose the type of parking, its precise dimensions including length, breadth, and vertical clearance for covered spaces, and its exact location on an approved parking layout plan. These clauses were made non-negotiable, meaning developers cannot modify or omit them from sale documents.

Together, the 2024 order and this recent ruling create a framework where parking obligations are both documented at the time of sale and enforceable in physical use at the time of possession. The documentation obligation ensures that buyers know exactly what they are getting. The usability obligation ensures that what is documented actually exists in a form they can use.

If you have received a parking allotment that you cannot use because the space is too narrow, blocked, structurally obstructed, or unsafe for regular entry and exit, you now have a clear basis to file a complaint with MahaRERA. The regulator has confirmed that your right to safe and functional parking is substantive, not merely procedural.

Before filing a complaint, document the inadequacy with photographs and video showing the actual dimensions and access constraints. If the developer refuses to remedy the situation, Section 31 of the RERA Act allows you to approach MahaRERA directly.

MahaRERA's ruling in the Kohinoor World Tower Phase 1 case confirms that paper allotment of a parking slot is not enough. Developers are obligated to provide parking that is safe, usable, and functional in actual physical use. Combined with the April 2024 MahaRERA order requiring detailed parking specifications in sale documents, Maharashtra's homebuyers now have a robust regulatory framework protecting their parking rights. Any allottee who finds their allotted parking space inadequate or unusable can seek remedy through MahaRERA under Section 31 of the RERA Act, backed by this ruling's clear articulation of their substantive right to functional parking.