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1.       N/ATwo types: Covered parking space and Open Parking space.
2.      Garage according to Real Estate (Regulation And Development) Act, 2016 (“RERA”) means a place within a project having a roof and walls on three sides for parking any vehicle.Covered parking space according to the Maharashtra Real Estate Rules, 2017 (“Maharashtra RERA”) means an enclosed or covered area as approved by the Competent authority for parking of vehicles of the allottees.
3.      Garage does not include an unenclosed or uncovered parking space.Covered parking space does not include a garage and/or open parking. Open parking space has been included in the definition of Common Areas.[1]
4.      Garage is permitted to be sold.[2]Covered parking space is permitted to be sold. Open parking space is not permitted to be sold.[3]
5.      It is unclear whether Garage includes basements and/or stilt and/or podium and/or space provided by mechanized parking arrangements.Covered parking space may include basements and/or stilt and/or podium and/or space provided by mechanized parking arrangements.[4]

[1] Section 2(n) (3), RERA.

[2] According to section 4 of RERA, while applying for the registration of real estate project, the promoter has to mention the number and areas of the garage for sale and number of covered parking space in case of Maharashtra RERA. This means that builders can now even execute a separate sale deed or a sub deed for a garage/covered parking space.

[3] Open car parking space is considered as the common area in RERA and hence open parking can’t be sold as per RERA. However, State RERA may have a modified version of the Common area. E.g. in Uttar Pradesh, open parking is to be declared under common limited use area, thus allowing it to be sold. But Maharashtra RERA defines covered parking space instead of common area to include stilts and other types of parking which are not defined in central RERA.

[4] Section 12, RERA provides that in case of failure to provide services or any other obligations by the promoter as per the agreement for sale relating to such development or services is brought to the notice of the promoter within a period of five years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within thirty days, and in the event of promoter’s failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation.

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