The new Maharashtra Real Estate (Regulation and Development) Rules, 2016, added a new definition of parking spaces, garages and parking on stilts to be allowed on sale. The legal remedy available to you is to move the consumer forum and claim the refund of the amount you paid the to the builder towards the sale of parking area and also damages and cost. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. According to Regulation 36 of the Development Control Regulations (1991) for Greater Bombay, whenever a property is developed or redeveloped, parking spaces have to be provided in accordance with the guidelines in the DCR. The stilt parking space is a common parking area available and the developer is obliged to provide the same under the DCR. OPEN PARKING - An area forming an integral part of a plot left open to the sky. Such allotment of 2nd or 3rd stilts/or parking space shall be made on year to year basis provided the same is not required by another member who is not allotted even a single stilts/or any other type of parking space. 2. As soon as the Corporation issues the occupation certificate and the Society is registered, the building as well as the stilt parking spaces, … For example, in Delhi, it is mandatory for all the apartment building, which are spread between 100 to 10,000 sq. It … However, the Development Control Rules restrict the construction of such parking lots up to ground plus four floors. e) Car Parking Slots Sale of car parking slots is unlawful and illegal under the law. A stilt car parking is a partially covered parking spot on the ground floor of a building. In Housing Societies in Mumbai, the Developers provide a parking space as per the provisions of the Development Control Regulations (DCR). It may be a 30 degree angle or 45 degree. Types and Definition of parking. Car parking management is one of the most important aspects of housing society management. c) Applications for allotment of stilts or parking spaces Under Section 83 of MOFA, The member desiring to have a stilt or a parking space may make an application to the Secretary of the Society giving necessary details. ANSWER: a) The CHS “Solely” owns the common spaces (Stilt, Open or whatever) b) The members DO NOT own the common spaces (Stilt, Open or whatever) c) Allotment of Parking space is a “Administrative function” and the MC as well as General Body are empowered to allot the parking space to its own Registered members. September 18, 2018 | Sunita Mishra (Shutterstock) In a landmark judgment, the Bombay High Court (HC) on September 17 ruled that flat owners in a housing society are not eligible for a second parking slot. By law, a Developer can only sell flats. Under Section 79 of MOFA, the restrictions are given on use of car parking and stilt parking that ‘No member shall be entitled to utilize more parking spaces/stilts than what is allotted to him by the Managing Committee or which he has purchased’. The mounting population with progressive life style in major cities of India has now become a major threat for car parking issue which we confront almost every day in any corner of the city. Others are happy to park on the street, as long as it is reasonably easy. Officials said that a number of violations were committed under the stilts. By selling it he has committed fraud. It added that the carpet area of the flat of the complainants is 88 sq m.As per DC (Development Control) Rules, a flat with a carpet area of more than 70 sq m is entitled to parking space.Hence, the complainants are entitled to a parking space on the premises. It is different from an open parking space which is an uncovered parking spot provided within the premises of the building. In the big cities the peoples are having very conjusted houses but they have 2 to 3 cars in every house. Once a society is formed and registered, certain rules and regulations need to be laid out. Maharashtra Government has also laid out detailed regulations regarding car parking sale and management in certain clauses of its Maharashtra Ownership Flats (MOFA) Act. 2) 2/3 Tenement with carpet area exceeding 45 sq. This will be usually controlled by government agencies itself. Draft clearly states that sale of parking slots should be disclosed by the promoter in the sale agreement and should be in the public domain among other mandatory disclosures. d) Eligibility for allotment of stilts or parking spaces Under Section 81 of MOFA, A member having a motor vehicle will only be eligible to have a stilt or any other type of parking space. I understand SC last week gave its judgment on the "Sale of Stilt Car Parking by the builders /promoter" as per which court has ruled that the builder can not sell the same. What is the new parking rule in Mumbai? meters of area is required to be provided. GARAGE – PRIVATE - A closed and lockable premises in a Society being a part of FSI spared for housing a car. meters in the island city and over 2,000 sq. In addition to what has been specified above in Para 1) 2) & 3) additional 25% parking space over and above the total requirement is also required to be provided as Visitor's Parking. It needs to be emphasized that while submitting the plans certain areas are shown as open space and parking stilt is normally shown as open space. In such circumstances the options available to the flat purchasers/ Society include filing a complaint in the Consumer Court as well as initiating criminal action before the criminal court against the Developers. Thank you for subscribing to our daily newsletter. Any decision contrary to any of these Bye-Laws is invalid and not binding. The department has also issued directions that plot owners will have to seek approval for the car-parking on the ground floor as per the size of the plot. It would be of interest to note that the definition of flat in the Model Bye-Laws includes a godown but does not include an open car parking space. You have answered your own question. While buying a flat, one should keep in mind that parking is either stilt parking, which is in the basement of the building, or open parking. It is an open secret that Developers sale open car parking on cash payment basis. The homebuyer had complained about the developer selling open car parking space in its ready project, while the developer refuted the allegation. BASEMENT PARKING – The basement parking space type refers to parking located below grade within an occupied building. Even selling away the car parking is one of the offences under the MOFA. The Maharashtra Ownership Flats Act (MOFA) rules has laid out clear guidelines for parking space to be reserved for private vehicles only. Hence, it is the safest parking from the accident perspective. It is part and parcel of the Society building and it cannot be a separate premises available for sale. However, if carpet area of tenement exceeds 100 sq. GARAGE - PUBLIC – It means a building or portion thereof, designed other than as a private garage, operated for gain, designed and or used for repairing, servicing, hiring, selling or storing or parking motor driven or other vehicles. ANGULAR PARKING - The vehicles are parked at an angle. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. Where a member has been allotted more than one stilt parking space, he shall pay parking charges in respect of every such stilt or any other type of parking space as decided at the General Body Meeting. As per the Maharashtra Ownership Flats Act (MOFA) rules, no member can cover a parking stilt and it has to remain an open space. Bye-Law No 78 to 84 contains rules applicable to parking and these are binding on all members and the managing committee must work accordingly. in gullies. Small rooms or additional rooms, which were not part of the building plan were often constructed by owners or developers in violation of the rules. Find out from the builder if he/she is selling the space or not. Now no Developers can sell parking space under stilts separately, the Bombay High Court has ruled in M/s Nahalchand Laloochand Pvt. Parking charges of Housing Society. Like a multi-story parking garage, an APS provides parking for cars on multiple levels stacked vertically to maximize the number of parking spaces while minimizing land usage. b) Policy of allotment of parking spaces and stilts Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the Managing Committee on the basis of ‘first come first served’ for unsold and available parking spaces. Besides the problem of space for cars moving on the road, signaling and the greater issue is the space for a parked vehicle considering that private vehicles remain parked for most of their time. Stilt parking member Not allowed to apply for open parking. Unless the Developer has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space. The procedure for disposal of applications for permission under this Bye-Law as laid down under the Bye laws No.65 shall be followed by the Secretary and the Managing Committee of the Society. There are various types of car parking in Housing Societies which are explained hereunder: STILT PARKING - A pair of poles with foot-rests, enabling the user to walk with feet at a distance above the ground; piles or posts on which a building stands. now days in metro cities it's very big problem for citizens that where to park their vehicles. Was this article useful? Co-operative society can and should frame parking rules. meters. If Society uses the car parking for commercial purpose it breaches under Co-operative Laws there is also violation of the MCGM Rules. MCGM. ON STREET PARKING - On street parking means the vehicles are parked on the sides of the street itself. As per the provisions in Chapter X of the DCR in DP 2034, under ‘Parking Authority’, the DCR states: “BMC, in consultation with government of Maharashtra, shall constitute a Parking Authority at the BMC level to plan, regulate and manage all on street parking and public parking places under the physical jurisdiction of Greater Mumbai. Prior to this order, the stilt construction was mandatory only if a plot owner constructed the fourth floor, said officials. Under Section 82 of MOFA, In case the numbers of vehicles of eligible members are in excess then the available parking space/stilts, the Managing Committee shall allot such parking space/stilts by “lot” on yearly basis. It is not an additional premises/area that he is authorized to sell either to flat purchaser or any outsider. Taking note of illegal parking in no-parking zones, obstruction to emergency vehicles like fire brigade and ambulances and causing traffic jams, the Brihanmumbai Municipal Corporation (BMC) has introduced a new parking rule in Mumbai. For other towns in the state, stilt parking shall be mandatory for construction of the 4th floor. Where any stilts have been built or open space in the Society’s compound is available for parking of cars, the Society shall number the stilt or the open space for the purpose of no disputes caused between the members of the Society. Such open parking should be allotted on 3/6 months rotation so that each member will be able to park his car in society open space minimum for 3/6 months. For the Grade II and Grade III hotels, the requirement is one parking space for every 80 sq. As per IRC the standard dimensions of a car is taken as 5× 2.5 m and that for a truck is 3.75× 7.5 m. OFF STREET PARKING - Off street parking means vehicles are parked off the street itself i.e. It is, effectively, an automated multi-storey car park and is often found in car showrooms, workshops and petrol stations. Apart from this fact, the Court has also considered the definition of flat under Maharashtra Ownership of Flats Act (MOFA) which includes open and any other type of parking spaces in area if the flat wherever area is counted as super-built up. While all the other aspects of the public transportation system are generally addressed, the softer issue like car parking is being conveniently ignored by the civic authorities. The district health department officials said that preliminary findings showed that the death might be unrelated to vaccination as the woman had shown no adverse reaction to the vaccine in the last five days. If any stilts or parking spaces remain non-allotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or any other type of parking space. This is experienced daily in lanes, by-lanes, offices, malls and even the Mantralaya. Stilt parking forms a part of the common area, and thus cannot be sold by the builder. However, if you keep a nice midsized cupboard and stack your tools, the … meters (485 sq. ft), then two car parking spaces per tenement shall have to be provided. 84, every member who has been allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the general body of the society at its meeting irrespective of whether he actually parks his motor vehicle or not. Get free access to newsletters, alerts and recommendations. The Society has stilt parking, which has been alloted by the Builder/Developer at the time of purchase. The Society may even allot a sticker and/or may even instruct the member that without the parking sticker the vehicle shall not be allowed to be parked in the Society compound. housing society in Mumbai. g) Parking Charges Under Section 84 of the MOFA, Every member who has allotted the stilt or the any other type of parking space shall be required to pay the parking charges at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether the member actually parks his motor vehicle or not. The district recorded the highest turnout for Covid-19 vaccination on Friday, with almost 91% coverage of the targeted healthcare workers, Haryana government has decided to build low-cost flats for those living in slum clusters in the state, A 56-year-old health worker at Bhangrola primary health centre, who had received a Covid-19 vaccine shot on January 16, died due to cardiac arrest on Friday, Illegal mobile towers installed in private residential colonies and group housing projects are likely to be sealed in the coming days as the enforcement wing of department of town and country planning has decided to conduct a crackdown against such towers from next week onwards, The city woke up to a relatively warmer morning on Friday, when the minimum temperature was recorded at 7. The department said that this rule would be applied with prospective effect for the approval of all new building plans for vacant plots or when a plot is proposed to be reconstructed. 4Th July, 2019, Obligations of The Promoters Under Maharera, No RERA Help for Projects Under Redevelopment, HC on No Pre-Condition of Individual Agreement to Execute Before CC Issued by BMC, Member In Housing Society Cannot Merge Flats Without Bmc Permission, GR On Filling Up Of Casual Vacancy In Managing Committee, Consent of 51% for Redevelopment of Mhada, Cessed, SRA and Small Buildings, Bombay HC rescues the majority of members to win over redevelopment, What is Refuge Area in High Rise Building, Difference Between Housing Society and Apartments Owners Association/Condominium. For Grade I Restaurant, one parking space for every 25 sq. meters and one parking space for every additional 160 sq. Stilt parking … The Society can recover different rates for different types of motorized vehicles. Conflicting judgments have been given by Courts on matter related to car parking. SOME OF THE MEMBERS WHO HAE ALREADY BEEN ALLOTED STILT CAR PARKING ARE AGAIN TRYING TO GRAB MORE STILT PARKING ON RENTAL BASIS AND … The same had to be provided by Builder to the members free of cost. The General Body of the Society can definitely fix up the charges for the 2nd and 3rd car etc. RS Bhath, district town planner, said that this decision will ensure that illegal construction under the stilts is stopped and that sanction for parking us sought for approval of building plan. However, it consumes the maximum curb length and therefore, only a minimum number of vehicles can be parked for a given kerbed length. Commercial use of Garage. “This is a step in the right direction and it will stop illegal activities,” he said. These properties got a boost after Haryana government allowed registration of fourth floor, which ensured increased demands for these properties. Here there is no backward movement involved while parking or non-parking the vehicle. meters of the areas. The Society can file criminal complaint against such Developers under various sections of Indian Penal Code. Stilt: In this type of car parking option, the space is open from almost 2 to 3 side or all. WHY WE NEED STILT PARKING? Gurugram Manesar Urban Complex. The APS, however, utilizes a mechanical system to transport cars to and from parking spaces (rather than the driver) in order to eliminate much of the space wasted in a multi-story parking garage. 1. 3. meters but not exceeding 100 sq. a) Parking Rules Co-operative Housing Society can and should frame parking rules. Now many of the members are either renting out the car parking and charging parking rent. For hotels, one parking space for every 60 sq. The Car Parking Rules per tenement for tenanted buildings which are categorized under cessed buildings as per DCR 33 (7) in south Mumbai while undergoing redevelopment are eligible for car parking as per DCR provisions since 12th August 2009. Therefore, you need to use stilt parking option," said Sudhir Vohra, architect and expert member on DDA's Master Plan review group. meters in the suburbs can get FSI of up to 4 if the Developers construct over 50 parking lots and hands them over to the BMC for free. Annoyed and against are those whose residence are in range of 500 metres of this BMC parking lots. Find out from the Developer if he/she is selling the space or not. The right approach for an aggrieved person is to approach the Co-operative Court where a Co-operative Society is in existence and seek relief against the Society and all the Flat purchasers, who have been allotted car parking space. Multi-level Parking systems for sometime have provided relief since they come with a number of advantages i.e. REDEVELOPMENT OF CESSED BUILDINGS UNDER DCR 33(7) - PARKING PROVISIONS. Stilt car parking space is only ment for car parking and nothing else. There are between 3,000 to 4,000 plots in both licenced and HSVP sectors in the city, which are under construction. It has now made stilt parking mandatory for the construction of third and fourth floors in towns falling under hyper-potential category i.e. meters of the floor area is required to be provided. The implications of the above said judgment is that even if the Developers sell car parking space in the basement, a Housing Society is entitled to allot the car parking space in the basement to their members on the basis of the resolution passed by the Society at its General Body Meeting. f) Parking Space Enclosed or unenclosed, covered or open area sufficient in size to park vehicles: parking space shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles. Redevelopment of Housing Societies...the evil side of fairy-tale, Why Redevelopment Projects of Housing Societies are being Delayed, How to select a good builder for redevelopment of any housing society, Redevelopment of housing society that you want to know, Redevelopment of housing society - all that glitter is not gold, Fungible FSI in new DCR (Development Control Rules), Documents Required at Various Occasions for Redevelopment of Housing Societies, Inside The Redevelopment Of Housing Societies, FSI Norms For Redevelopment Across Mumbai, Importance Of Scrutiny And Vetting Of Redevelopment Documents, Standard Amenities from Builders in Redevelopment, Fungible FSI and Cessed Buildings in Mumbai, Expulsion of a Member in Co-Operative Housing Society, Frauds in Co-Op Housing Societies – now a Criminal Offence, Adopt New Model bye-law before 30th April, 2013, Salient Features of 97th Constitutional Amendment, MEMBER IN HOUSING SOCIETY CANNOT MERGE FLATS WITHOUT BMC PERMISSION, Corruption, Dishonesty and Frauds in Redevelopment, Drawbacks and disadvantages in Govt. have been given relevant meaning in the judgment. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. AUTOMATED PARKING – An automated (car) parking system (APS) is a mechanical system designed to minimize the area and/or volume required for parking cars. meters and estoppels do not work against statutory provisions. Flat Owners Eligible For Only 1 Parking Slot, Rules Bombay HC. Mumbai; New housing rules: Builders can now sell parking space in Maharashtra; New housing rules: Builders can now sell parking space in Maharashtra State notifies rules to implement RERA, cuts some disclosures for builders. As mutually decided, it is necessary that the adequate number of car parking space should be kept exclusively for the guest parking and emergency/medical services of the Society as required under the prevailing MCGM Rules and Regulations and the such parking space shall be handed over to the Society upon completion of redevelopment and shall not be sold to anyone. I have recently purcased a flat in Navi Mumbai. As per the new rules, for a 500 square metre(sq m) plot, sanction will be granted for two equivalent car spaces (ECS) per floor; 1.5 car spaces per floor will have to be provided for a plot size of 250 sq m to 500 sq m; one car space per floor would have to be provided for a plot between 100 sq m to 250 sq m and 0.5 car spaces per floor will have to be made available for a plot of 100 sq m. One equivalent car space is equal to 12.5 sq metre, which has to be indicated in car bay size in residential plots, the order said. On the other hand, there are also people who do not own cars are not prepared to pay extra for parking amenities. Therefore, the member will have to pay the parking charges for a particular month irrespective of the fact that he has parked the vehicle for a few days. Whether stilt parking spaces are part of common areas and facilities The MOFA does not define common areas and facilities. j) Criminal case against the Developers Many times Developers gives false promises to the flat purchasers and also do not comply with their statutory obligations as are stipulated in the MOFA, 1963 (The Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer). optimal utilization of space, lower maintenance and operational cost, lower construction cost, secure and environment-friendly nature, comfortable for the drivers, cost saving for builders by saving height or depth and many more. BMC’S PARKING RULES FOR HOUSING SOCIETIES. i) Stilt Parking No member can cover a parking stilt; it is open space. Hence, proving as an efficient Parking System in case of vehicular circulation, the major drawback of “Angular Parking System” is that it requires larger space for parking than required for parallel parking. Society would be the absolute owner of such guest parking and emergency/medical services. In other words; one car park per tenement up to 485 sq. I am a resident of co-op. ft). Meters to have provision for Stilt parking. Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body i.e. PUBLIC PARKING PLACE (PPP) - Under DC Rule 33(24), new constructions on a plot of over 1,000 sq. As per Bye-law No. Simultaneously, criminal action can also be initiated against the Office … Can builder sell stilt parking Mumbai? ft carpet area is compulsory. Under Section 80 of MOFA, marking of parking spaces or stilts is the way that no inconvenience would be caused to any of the member of the Society. PARALLEL PARKING - The vehicles are parked along the length of the road. It has now made stilt parking mandatory for the construction of third and fourth floors in towns falling under hyper-potential category i.e. At the time of the construction of garages an undertaking has to be given to the Municipal Corporation that they will be used only for car parking. Today, the need of the hour is to address the issue of parking or else, it may become unbearable for vehicle owners in the days to come. Stilt parking was made mandatory in Delhi in 2011, for all new societies having area of 100 sq metres to 1,000 sq metres. Parking Rules. The number stands for the number of floors built over the stilt. This involves additional excavation, structural frame, floor slabs above, sloped vehicle access ramps and basement perimeter walls and partitions separating parking from other building enclosed areas. h) Commercial use of Garage Garage allotted for car parking cannot be used for commercial purpose except with the permission from MCGM. Types Of Car Parking. The department of town and country planning (DTCP) has revised the rules for construction on plots in private colonies and HSVP sectors. meters. stilt parking in a Co-operative Housing Society. The open spaces are not included in FSI calculations. Parking space is not counted in FSI calculation and is the property of the Society. By law, a builder can only sell flats. The vehicles can be easily reversed if parked at an angle. Hence this system is adopted where the space is available in plenty. In case of high rise more than 70 m then 2m width is allowed by commisioner • Glass façade/glazing not exceeding 0.30 m from bldg line in non residential bldg. 5 Lakhs Per Family, Illegal and Unauthorised Constructions in Redevelopment, Demolition of Society Property for Redevelopment, High-Rise Buildings now Permitted on Narrow Roads, All about the Non-Occupancy Charges in a Housing Society, No Stamp Duty on New Flats Acquired by Rehab Members after Redevelopment, Tenants of Non-Cessed Buildings to Get Ownership Flats after Redevelopment, Documents to Be Attached With the Development Agreement for Registration, Society Cannot Terminate Development Agreement without Permission from Maha Rera, Redevelopment of Old Buildings and Housing Societies Under Section 33(7), 33(7)a and 33(7)b, New Redevelopment Rules under Sect.79 (A) of MCS ACT, 1961 w.e.f. The society's argument is that they are following society's parking rules passed by AGM in the year 2006. The open parking spaces are not included in the FSI calculations. BMC’S PARKING RULES FOR HOUSING SOCIETIES. This method of parking produces least obstruction to the on-going track on the road since least road width is used. As per the provision rule 36 of the Development Control Regulation of Greater Bombay 1991, promotor should provide 77 parking slots + 10% as guest parking slots making the total parking to be 85 only. STAKED/MULTI LEVEL PARKING - Auto Stacker is a machine that parks cars in a stack, using a combination of conveyor belts and lifts to move vehicles from ground level to an upper level.

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