Parking is not allowed by RERA to visitor's. It's approved by society or apartment member in the AGM.

Section 36(2) of Development Control Regulations (DCR), 1991, makes it mandatory for every residential building in the city to reserve space for parking visitors' vehicles. In the island city, 25 per cent of a society's total parking space has to be reserved for visitors, while in the suburbs it's 10 per cent.

The state government has proposed to reduce parking slots for visitors in housing societies from the mandatory 25% to just 5% of the total space allotted for the purpose in the new development control rules. Activists said this will lead to further congestion as visitors will be forced to park on roads.

it is mandatory for every residential building ito reserve space for parking visitors. 

Visitors parking is a per the DCR rules and if same are not given you can file complaint to municipal Corporation

Under RERA there is no provision for visitor parking though under the Development control rules there is mandatory parking space to be reserved for the visitors.

Every society is required to provide some slots for visitor parking 

2) builders have to provide 25 per cent of parking space fir visitors 

3) 

The state government has proposed to reduce

parking slots

for visitors in

housing societies

from the mandatory 25% to just 5% of the total space allotted for the purpose in the new development control rules.

1. How are you aggrieved if visitor parking is not given?

2. There is no law which mandates that society must give visitor parking within premises.

1. Under new DC rules, a minimum of 4 visitor parking should be earmarked for the purposes, PROVIDED appropriate space for parking is available.  This is usually not possible, due to lack of space and there is no strict law to implement this and neither there is any punishment for the same.

No such rule in RERA, visitor parking shall be according society bye laws.

1. There is no specific clause about visitor parking in RERA act. 

2. If developer have promised visitor parking as per agreement and layout then you can file suit against developer for not providing visitor parking. 

Well, provision for visitors car paring depends on the bye laws which is mostly guided by the space available for extra car parking.

There is no specific law on the issue of parking for visitors. 

- As per the BMC , Every society /building has to keep 10% of its total parking space for visitors’ cars.

- Societies which do not follow this rule, will not get Occupation Certificate from BMC.

- Further, If visitors find that they are not being allowed to park their car, then they can complain to BMC.

- You should approach the your Society for getting the same.

These cases are very common in Maharashtra. You might know that in a bid to clear the city roads of parked vehicles, BMC has decided to do a check on whether housing societies are following the development control (DC) rules. As per these rules, societies are required to allow visitors’ vehicles inside the building premises and provide them with parking space.

As per the DCR 36 (3), there is a provision for parking of visitors’ cars in the compound of each society. Every building has to keep 5% of its total parking space for visitors’ cars. The BMC’s building proposal department will not issue occupation certificate (OC) to societies which do not follow this rule. 

The state government has proposed to reduce parking slots for visitors in housing societies from the mandatory 25% to 5% of total space alloted for the purpose in new development control rules. 

The RERA or Real Estate (regulation and development), Act, 2016, under section 2(y) defines ‘garage’ as a place within a project having a roof and walls on three sides for parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas.

This is also for the first time that the Act explicitly defines common areas which include open parking area, basement, stairway, elevators, lobby area and parks.

Section 2 (n) of RERA defines common areas while 2 (n)(iii) defines open parking areas while Section 17 says the promoter is liable to transfer to the society title in the common areas and to handover the possession of common areas to the society which presupposes that it cannot be sold to an individual allottee.

The Supreme Court in the matter of Nahalchand Laloochand Private Limited v/s Panchali Co-operative Housing Society Limited (2010) has held that under Maharashtra Ownership of Flat Act, 1963, observed that the stilt area cannot be treated as a garage. The court further observed that parking areas (open to sky or stilted portion) cannot be excluded from the common area and facilities under MOFA. In view of the definition of open to sky parking area or stilt portion usable as a parking space is not a garage within section 2(a)-1 of MOFA. The court observed that it is not saleable independently as a flat or along with the flat. “The Bombay High Court had also laid down a similar norm in a judgment. Stilt parking and open parking slots were not treated as garage, and the logical inference was that these could not be sold as a separate, saleable unit. 

It is pertinent to note that RERA does not repeal MOFA and provisions of MOFA apply to the extent not contrary to RERA. 

You can file a complaint to RERA in this regard as per above mentioned provisions. You may also send a legal notice through a lawyer and file a case in consumer court. 

Happy New Year 2020 in advance. 

You may contact my secretary to connect with me for clarification. 

Gopal Verma,

Advocate-on-Record & Amicus Curiae,

Supreme Court of India

Visitors parking depends upon the space available and therefore the builder cannot be compelled to give space. If the building has a space then it may be used by a visitor subject to the residents convenience.

Regards