Parking disputes have become one of the most common issues faced by homebuyers in India’s rapidly growing real estate market. From inadequate space to unusable mechanical systems, buyers often find themselves stuck with parking arrangements that don’t meet practical needs.A recent case addressed by MahaRERA (Maharashtra Real Estate Regulatory Authority) has raised an important legal question:
Can MahaRERA order the demolition or reconstruction of a car parking space if homebuyers complain about inadequate space?
The answer has significant implications for both homebuyers and developers. In this blog, we break down the ruling, legal insights, and what actions you can take if you face similar issues.
Understanding the Case: What Happened?
As par report
Parking spaces were too small to accommodate vehicles
Mechanical parking systems had technical and usability issues
Certain slots were placed directly in front of walls
Water accumulation occurred in underground parking areas
Some spaces were so tight that even an auto-rickshaw couldn’t move
One major issue highlighted was that the required manoeuvring space was 5 meters, but only 4 meters was available, indicating a possible violation of planning norms.
Important: What MahaRERA CAN Do
Even though MahaRERA cannot order demolition, it still plays a strong role in protecting buyers.
1. Ensure Proper Parking Allocation
If the builder fails to provide promised parking:
It can be treated as a deficiency in service
2. Enforce Agreement Terms
If parking size, type, or usability doesn’t match the agreement:
3. Protect Usability Rights
Parking must be functional and usable, not just allocated on paper
Conclusion
The MahaRERA ruling brings much-needed clarity to parking disputes in real estate. While it protects buyers from unfair practices, it also clearly defines its limitations.
If you're dealing with inadequate parking space, remember:
MahaRERA is your ally for contractual violations
Municipal authorities are your route for structural and regulatory issues
Understanding this distinction can save you time, money, and legal frustration.
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