Introduction
For most urban homebuyers, owning a flat is not just about having four walls—it’s about enjoying the lifestyle and amenities that were promised at the time of purchase. Among these amenities, car parking space often ranks as one of the most crucial. In cities like Mumbai, Pune, Bengaluru, and Delhi, where parking is scarce, a promised parking spot is almost as important as the home itself.
But what happens if the developer fails to provide the parking space mentioned in the agreement? Are buyers compelled to accept possession, or can they legally refuse it? Recent regulatory rulings have offered much-needed clarity.
Why Parking is More Than Just an Amenity
Car parking is no longer considered a “luxury add-on” but rather a core component of modern housing projects. For many families, buying a flat without parking makes little sense, especially when developers market it as part of the package.
When a parking space—whether open, covered, or automated—is specifically included in the agreement for sale, it becomes a legal commitment. Failing to provide it can amount to a breach of contract.
The RERA Perspective
Under the Real Estate (Regulation and Development) Act, 2016 (RERA), possession of a property is deemed complete only when all promised facilities and amenities are handed over. This means that:
- If a builder hands over the apartment but does not provide the agreed parking facility, the possession is not legally valid.
- Homebuyers are entitled to compensation, interest, or even a refund if there’s a deficiency in what was committed.
- Authorities like MahaRERA (Maharashtra Real Estate Regulatory Authority) have consistently upheld that buyers cannot be forced to accept incomplete possession.
Landmark Ruling on Parking and Possession
In a recent case, MahaRERA clarified that homebuyers can refuse possession if a promised automated car parking system (also called puzzle parking) is not delivered. The ruling reinforced that developers are obligated to provide all amenities listed in the agreement for sale.
This decision is significant because it sets a legal precedent: developers cannot claim to have fulfilled their obligations merely by handing over the apartment keys while failing to provide key facilities.
Rights of Homebuyers in Such Situations
If your developer has not provided the parking space promised, here are your options under RERA:
- Refuse Possession: You can decline to take possession until the deficiency is corrected.
- Seek Compensation: Developers may be directed to pay interest for delays or provide financial compensation.
- File a Complaint with RERA: Buyers can register a complaint with the relevant state authority like MahaRERA.
- Approach the Appellate Tribunal (MREAT): If dissatisfied with RERA’s order, buyers can escalate the matter.
What Should Homebuyers Do?
- Verify the Agreement: Ensure the parking space is clearly mentioned in the agreement for sale.
- Document Communication: Keep written records of all interactions with the developer.
- Know Your Rights: Awareness of RERA provisions helps in building a stronger case.
- Consult Experts: Legal or real estate advisors can guide you in seeking relief effectively.
Conclusion
The takeaway for homebuyers is simple: you do not have to accept possession of an incomplete home. If a promised parking space is missing, RERA empowers you to take legal action, refuse possession, or demand compensation.
For developers, this is a reminder that transparency and accountability are non-negotiable in today’s regulated real estate environment.
Buying a home is a life-changing investment—make sure you get every square foot and every amenity that was promised.
📌 Disclaimer
This article is intended for informational purposes only. It does not constitute legal advice. Homebuyers are advised to consult qualified professionals or legal advisors before taking any action.