meters. 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. Even selling away the car parking is one of the offences under the MOFA. 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 Developer if he/she is selling the space or not. 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. Hence, it is the safest parking from the accident perspective. meters of the areas. Guidelines for Redevelopment, flat-purchasers-betrayed-no-protection-in-the-proposed-maharashtra-housing-regulation-development-bill-2012, Indemnity bond in form m 20 abolished from 6th Sept. 2012, Know all about Vat on properties purchased, 97 Constitutional Amendment – Injurious to Health of Housing Societies, Flats Now More Costly in Mumbai Banam Shanghai, Capital Based Texation to Crucify Property Owners in Mumbai, Reality Regulatory Bill 2013 - Success Under Suspicion, Tenants Of Cessed Buildings In Mumbai Insured For Rs. Types and Definition of parking. It is, effectively, an automated multi-storey car park and is often found in car showrooms, workshops and petrol stations. Generally at ground level of housing society with couple of pillars / poles … REDEVELOPMENT OF CESSED BUILDINGS UNDER DCR 33(7) - PARKING PROVISIONS. 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. Types Of Car Parking. Now no Developers can sell parking space under stilts separately, the Bombay High Court has ruled in M/s Nahalchand Laloochand Pvt. 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. There are between 3,000 to 4,000 plots in both licenced and HSVP sectors in the city, which are under construction. ft carpet area is compulsory. 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. ft). housing society in Mumbai. 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. 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. Flat Owners Eligible For Only 1 Parking Slot, Rules Bombay HC. Simultaneously, criminal action can also be initiated against the Office … Ltd., that a stilt parking space is a common parking space available to members of the Housing Society and not an additional premises or space available for the Developers to sale either to any member of the Society or any outsider and further clarified that even under DC rules the Developers had to provide car parking spaces wherever the carpet area of the flat is more than 35 sq. 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 Maharashtra Ownership Flats Act (MOFA) rules has laid out clear guidelines for parking space to be reserved for private vehicles only. It may be a 30 degree angle or 45 degree. 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. 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’. meters (1076 sq. i) Stilt Parking No member can cover a parking stilt; it is open space. The number stands for the number of floors built over the stilt. The homebuyer had complained about the developer selling open car parking space in its ready project, while the developer refuted the allegation. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. 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. 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. By law, a Developer can only sell flats that have been constructed with FSI. 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. 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. Maharashtra Government has also laid out detailed regulations regarding car parking sale and management in certain clauses of its Maharashtra Ownership Flats (MOFA) Act. Others are happy to park on the street, as long as it is reasonably easy. 2) 2/3 Tenement with carpet area exceeding 45 sq. In the landmark judgment delivered by the Maharashtra State Co-operative Appellate Court Mumbai in the case of M/s Prakash Auto v/s Aranja Arcade Premises Co-operative Society Ltd. & Ors has prevented the Developers from allotting-selling or otherwise disposing of the disputed car parking spaces. h) Commercial use of Garage Garage allotted for car parking cannot be used for commercial purpose except with the permission from MCGM. 3. 3) 1/2 tenement with carpet area exceeding 100 sq. 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. 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. 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. meters of area of the restaurant including hall, dining room, pantry and bar must be provided. SOME OF THE MEMBERS WHO HAE ALREADY BEEN ALLOTED STILT CAR PARKING ARE AGAIN TRYING TO GRAB MORE STILT PARKING ON RENTAL BASIS AND … BMC’S PARKING RULES FOR HOUSING SOCIETIES. WHY WE NEED STILT PARKING? I have recently purcased a flat in Navi Mumbai. BMC’S PARKING RULES FOR HOUSING SOCIETIES. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. Therefore, you need to use stilt parking option," said Sudhir Vohra, architect and expert member on DDA's Master Plan review group. 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. ON STREET PARKING - On street parking means the vehicles are parked on the sides of the street itself. Unless the Developer has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space. PARALLEL PARKING - The vehicles are parked along the length of the road. Get free access to newsletters, alerts and recommendations. 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. This will be usually controlled by government agencies itself. Stilt: In this type of car parking option, the space is open from almost 2 to 3 side or all. If Society uses the car parking for commercial purpose it breaches under Co-operative Laws there is also violation of the MCGM Rules. The same had to be provided by Builder to the members free of cost. For the Grade II and Grade III hotels, the requirement is one parking space for every 80 sq. It has now made stilt parking mandatory for the construction of third and fourth floors in towns falling under hyper-potential category i.e. 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. 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. Conflicting judgments have been given by Courts on matter related to car parking. Can builder sell stilt parking Mumbai? For example, in Delhi, it is mandatory for all the apartment building, which are spread between 100 to 10,000 sq. Unless the builder has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space OPEN PARKING - An area forming an integral part of a plot left open to the sky. Stilt parking member Not allowed to apply for open parking. Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body i.e. This is experienced daily in lanes, by-lanes, offices, malls and even the Mantralaya. 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. However, in case of parking space/stilt allotted by the Society, the member shall have no right to sell or transfer the said allotted parking space/stilt to anybody. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. The Supreme Court has ruled that stilt parking spaces cannot be sold by developers. 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. Society would be the absolute owner of such guest parking and emergency/medical services. “The buyers will get parking as per the size of the plot and floors,” said Ramesh Singla, president, Gurugram Home Developers and Plot Holders Association. 8 sq those whose residence are in range of 500 metres of this BMC parking lots have be! This will be usually controlled by government agencies itself then two car parking is not wrong in the... To pay extra for parking space type refers to parking located below Grade within an building! And Grade III hotels, the stilt AGM in the island city and over 2,000 sq of 100.! Aspects of housing Society can file criminal complaint against such Developers under various sections of Penal! 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