ANGULAR PARKING - The vehicles are parked at an angle. ft), then two car parking spaces per tenement shall have to be provided. 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. 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. meters (485 sq. Unless the Developer has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space. The homebuyer had complained about the developer selling open car parking space in its ready project, while the developer refuted the allegation. Stilt: In this type of car parking option, the space is open from almost 2 to 3 side or all. 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. It has now made stilt parking mandatory for the construction of third and fourth floors in towns falling under hyper-potential category i.e. Normally the Housing Society should ask for the details of the vehicles to be parked including a certified copy of the RC Book should be insisted upon from the member while submitting the application for parking slot. 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. e) Car Parking Slots Sale of car parking slots is unlawful and illegal under the law. have been given relevant meaning in the judgment. MUMBAI: The Maharashtra Real Estate Regulatory Authority has asked developer Arkade Realty to not to sell open car parking in the project and allow the complainant homebuyer to park his car inside the building premise. Once a society is formed and registered, certain rules and regulations need to be laid out. It is, effectively, an automated multi-storey car park and is often found in car showrooms, workshops and petrol stations. The concept of common area, stilt, open space, closed garage etc. 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. The open spaces are not included in FSI calculations. It is part and parcel of the Society building and it cannot be a separate premises available for sale. PUBLIC PARKING PLACE (PPP) - Under DC Rule 33(24), new constructions on a plot of over 1,000 sq. meters and one parking space for every additional 160 sq. meters in the island city and over 2,000 sq. Re: stilt Car Parking in mumbai. Stilt parking … 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. Multi-level Parking systems for sometime have provided relief since they come with a number of advantages i.e. 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. 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. ON STREET PARKING - On street parking means the vehicles are parked on the sides of the street itself. 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. 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. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body i.e. It is time to find viable options to the problem. "Stilt parking is not mandatory in the Master Plan," he said. meters and estoppels do not work against statutory provisions. The Maharashtra Ownership Flats Act (MOFA) rules has laid out clear guidelines for parking space to be reserved for private vehicles only. However, the Development Control Rules restrict the construction of such parking lots up to ground plus four floors. 3) 1/2 tenement with carpet area exceeding 100 sq. But before the year 2006, the garage owners had been allotted open car parking spaces and they are still continuing to have those open parkings. 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. Parking charges of Housing Society. 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. By law, a builder can only sell flats. Now many of the members are either renting out the car parking and charging parking rent. Types Of Car Parking. Commercial use of Garage. It is an open secret that Developers sale open car parking on cash payment basis. meters. Copyright © HT Digital Streams Ltd. All rights reserved. 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. Stilt car parking space is only ment for car parking and nothing else. Maharashtra Government has also laid out detailed regulations regarding car parking sale and management in certain clauses of its Maharashtra Ownership Flats (MOFA) Act. 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. meters. meters (1076 sq. Meters to have provision for Stilt parking. The Society has stilt parking, which has been alloted by the Builder/Developer at the time of purchase. MCGM. 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. Parking Rules. Generally at ground level of housing society with couple of pillars / poles … 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. 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. Car parking management is one of the most important aspects of housing society management. 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. Written by Sandeep Ashar | Mumbai | December 9, 2016 3:08:46 am A clause in the Centre’s rules that barred refusal to sell a house to any person on the basis … What is the new parking rule in Mumbai? 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. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. “This is a step in the right direction and it will stop illegal activities,” he said. In cities like Mumbai, Delhi and Bengaluru, many tenants are unwilling to rent a property, if it does not have parking space. GARAGE – PRIVATE - A closed and lockable premises in a Society being a part of FSI spared for housing a car. Over the years, the laws regarding the apartment building in India have been revised to make provision for the Stilt parking. BASEMENT PARKING – The basement parking space type refers to parking located below grade within an occupied building. BMC’S PARKING RULES FOR HOUSING SOCIETIES. REDEVELOPMENT OF CESSED BUILDINGS UNDER DCR 33(7) - PARKING PROVISIONS. 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’. However, if carpet area of tenement exceeds 100 sq. The stand of the society is legally right. 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. 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