BASEMENT PARKING – The basement parking space type refers to parking located below grade within an occupied building. Like a multi-story parking garage, an APS provides parking for cars on multiple levels stacked vertically to maximize the number of parking spaces while minimizing land usage. Unless the Developer has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space. GARAGE – PRIVATE - A closed and lockable premises in a Society being a part of FSI spared for housing a car. This is experienced daily in lanes, by-lanes, offices, malls and even the Mantralaya. Meters to have provision for Stilt parking. The General Body of the Society can definitely fix up the charges for the 2nd and 3rd car etc. 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. 1. 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. ft). As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. Copyright © HT Digital Streams Ltd. All rights reserved. Now no Developers can sell parking space under stilts separately, the Bombay High Court has ruled in M/s Nahalchand Laloochand Pvt. Following this, many Developers had come forward to avail the extra FSI. As per Bye-law No. 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. meters in the suburbs can get FSI of up to 4 if the Developers construct over 50 parking lots and hands them over to the BMC for free. By selling it he has committed fraud. meters of the floor area up to 800 sq. However, if you keep a nice midsized cupboard and stack your tools, the … The Society can recover different rates for different types of motorized vehicles. 4Th July, 2019, Obligations of The Promoters Under Maharera, No RERA Help for Projects Under Redevelopment, HC on No Pre-Condition of Individual Agreement to Execute Before CC Issued by BMC, Member In Housing Society Cannot Merge Flats Without Bmc Permission, GR On Filling Up Of Casual Vacancy In Managing Committee, Consent of 51% for Redevelopment of Mhada, Cessed, SRA and Small Buildings, Bombay HC rescues the majority of members to win over redevelopment, What is Refuge Area in High Rise Building, Difference Between Housing Society and Apartments Owners Association/Condominium. Whether stilt parking spaces are part of common areas and facilities The MOFA does not define common areas and facilities. 2) 2/3 Tenement with carpet area exceeding 45 sq. AUTOMATED PARKING – An automated (car) parking system (APS) is a mechanical system designed to minimize the area and/or volume required for parking cars. 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. 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. Posssesstion for the same is under progress. Re: stilt Car Parking in mumbai. MCGM. 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. There are between 3,000 to 4,000 plots in both licenced and HSVP sectors in the city, which are under construction. 84, every member who has been allotted the stilt or the 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 whether he actually parks his motor vehicle or not. The same had to be provided by Builder to the members free of cost. Gurugram Manesar Urban … Even selling away the car parking is one of the offences under the MOFA. STILT parking member has to pay BMC stilt tax plus parking charges, at least equal to … The Maharashtra Ownership Flats Act (MOFA) rules has laid out clear guidelines for parking space to be reserved for private vehicles only. For the Grade II and Grade III hotels, the requirement is one parking space for every 80 sq. meters of area of the restaurant including hall, dining room, pantry and bar must be provided. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. 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. Prior to this order, the stilt construction was mandatory only if a plot owner constructed the fourth floor, said officials. meters of the areas. 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. 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. Officials said that a number of violations were committed under the stilts. 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. meters. b) Policy of allotment of parking spaces and stilts Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the Managing Committee on the basis of ‘first come first served’ for unsold and available parking spaces. You have answered your own question. Generally at ground level of housing society with couple of pillars / poles … 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. ANGULAR PARKING - The vehicles are parked at an angle. BMC’S PARKING RULES FOR HOUSING SOCIETIES. Stilt: In this type of car parking option, the space is open from almost 2 to 3 side or all. Was this article useful? 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. This method of parking produces least obstruction to the on-going track on the road since least road width is used. Therefore, you need to use stilt parking option," said Sudhir Vohra, architect and expert member on DDA's Master Plan review group. 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. stilt parking in a Co-operative Housing Society. It is not an additional premises/area that he is authorized to sell either to flat purchaser or any outsider. Under Section 80 of MOFA, marking of parking spaces or stilts is the way that no inconvenience would be caused to any of the member of the 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. ft carpet area is compulsory. In other words; one car park per tenement up to 485 sq. “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. As per Regulation-36, Table-15, mandatory provisions have to be kept for visitor’s car parking space. meters (1076 sq. It is, effectively, an automated multi-storey car park and is often found in car showrooms, workshops and petrol stations. 4,000 traffic personnel to deployed ahead of Republic Day rally, Farmers camping at Haryana-Rajasthan border gear up to reach Delhi for tractor rally, Covid vaccine coverage hits a record low of 58% in district, Death of health worker unrelated to Covid-19 vaccine: AEFI Committee, HSVP to take action against illegal constructions beyond four floors, Bill to improve RWAs’ functioning to be introduced soon, MCG divides restricted area near IAF depot into three pockets, 65-year-old woman found murdered in Sohna, Three, including two advocates, held for land fraud, Gurugram health worker who got jab dies, vaccine link not established, Haryana govt to build low-cost apartments for slum dwellers, Health worker who took Covishield shot dies of heart attack, officials wait for confirmatory report, Illegal mobile towers to face action, four towers sealed, Cold wave likely to make a return to the city, says MeT dept. j) Criminal case against the Developers Many times Developers gives false promises to the flat purchasers and also do not comply with their statutory obligations as are stipulated in the MOFA, 1963 (The Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer). Stilt car parking space is only ment for car parking and nothing else. Types and Definition of parking. Hence, it is the safest parking from the accident perspective. PUBLIC PARKING PLACE (PPP) - Under DC Rule 33(24), new constructions on a plot of over 1,000 sq. 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. meters. 1) Tenement with carpet area up to 45 sq. As soon as the Corporation issues the occupation certificate and the Society is registered, the building as well as the stilt parking spaces, … 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. PARALLEL PARKING - The vehicles are parked along the length of the road. Due to the less space in their houses they parks their vehicles on road or street because they don't have another option. PODIUM PARKING – It is a building or part thereof which is designed specifically by constructing drive way slop/ramp on a number of floors or levels on which parking takes place. By law, a builder can only sell flats. For other towns in the state, stilt parking shall be mandatory for construction of the 4th floor. The Car Parking Rules per tenement for tenanted buildings which are categorized under cessed buildings as per DCR 33 (7) in south Mumbai while undergoing redevelopment are eligible for car parking as per DCR provisions since 12th August 2009. Parking space is not counted in FSI calculation and is the property of the Society. 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. 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. 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’. Stilt parking … Hence this system is adopted where the space is available in plenty. The department said that this rule would be applied with prospective effect for the approval of all new building plans for vacant plots or when a plot is proposed to be reconstructed. Besides the problem of space for cars moving on the road, signaling and the greater issue is the space for a parked vehicle considering that private vehicles remain parked for most of their time. Any decision contrary to any of these Bye-Laws is invalid and not binding. in gullies. Conflicting judgments have been given by Courts on matter related to car parking. However, if carpet area of tenement exceeds 100 sq. Copyright © Dilip Shah 2012-2013. The stand of the society is legally right. Find out from the Developer if he/she is selling the space or not. For Grade I Restaurant, one parking space for every 25 sq. He added if a plot owner builds less and can accommodate the cars in the plot, there is no need to have stilt parking. On the other hand, there are also people who do not own cars are not prepared to pay extra for parking amenities. The property descriptions such as G+3 or G+4 depict the configuration of the building where G stands for the ground floor, reserved as a stilt. It … This will be usually controlled by government agencies itself. SOME OF THE MEMBERS WHO HAE ALREADY BEEN ALLOTED STILT CAR PARKING ARE AGAIN TRYING TO GRAB MORE STILT PARKING ON RENTAL BASIS AND … The homebuyer had complained about the developer selling open car parking space in its ready project, while the developer refuted the allegation. As per the new rules, for a 500 square metre(sq m) plot, sanction will be granted for two equivalent car spaces (ECS) per floor; 1.5 car spaces per floor will have to be provided for a plot size of 250 sq m to 500 sq m; one car space per floor would have to be provided for a plot between 100 sq m to 250 sq m and 0.5 car spaces per floor will have to be made available for a plot of 100 sq m. One equivalent car space is equal to 12.5 sq metre, which has to be indicated in car bay size in residential plots, the order said. The district recorded the highest turnout for Covid-19 vaccination on Friday, with almost 91% coverage of the targeted healthcare workers, Haryana government has decided to build low-cost flats for those living in slum clusters in the state, A 56-year-old health worker at Bhangrola primary health centre, who had received a Covid-19 vaccine shot on January 16, died due to cardiac arrest on Friday, Illegal mobile towers installed in private residential colonies and group housing projects are likely to be sealed in the coming days as the enforcement wing of department of town and country planning has decided to conduct a crackdown against such towers from next week onwards, The city woke up to a relatively warmer morning on Friday, when the minimum temperature was recorded at 7. It is an open secret that Developers sale open car parking on cash payment basis. A stilt car parking is a partially covered parking spot on the ground floor of a building. Stilt parking forms a part of the common area, and thus cannot be sold by the builder. meters but not exceeding 100 sq. Once a society is formed and registered, certain rules and regulations need to be laid out. Where a member has been allotted more than one stilt parking space, he shall pay parking charges in respect of every such stilt or any other type of parking space as decided at the General Body Meeting. BMC’S PARKING RULES FOR HOUSING SOCIETIES. Common types of on-street parking are as listed below. 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. Apart from this fact, the Court has also considered the definition of flat under Maharashtra Ownership of Flats Act (MOFA) which includes open and any other type of parking spaces in area if the flat wherever area is counted as super-built up. The right approach for an aggrieved person is to approach the Co-operative Court where a Co-operative Society is in existence and seek relief against the Society and all the Flat purchasers, who have been allotted car parking space. 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. GARAGE - PUBLIC – It means a building or portion thereof, designed other than as a private garage, operated for gain, designed and or used for repairing, servicing, hiring, selling or storing or parking motor driven or other vehicles. The concept of common area, stilt, open space, closed garage etc. Thank you for subscribing to our daily newsletter. The Society has stilt parking, which has been alloted by the Builder/Developer at the time of purchase. Now many of the members are either renting out the car parking and charging parking rent. The Society can file criminal complaint against such Developers under various sections of Indian Penal Code. It is part and parcel of the Society building and it cannot be a separate premises available for sale. Many Old residential in south Mumbai do not have parking space inside society and since years they park their vehicles on street. 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. 2. 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. 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. What is the new parking rule in Mumbai? meters of area is required to be provided. Get free access to newsletters, alerts and recommendations. 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. a) Parking Rules Co-operative Housing Society can and should frame parking rules. The department of town and country planning (DTCP) has revised the rules for construction on plots in private colonies and HSVP sectors. 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. Unless the builder has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space 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. If Society uses the car parking for commercial purpose it breaches under Co-operative Laws there is also violation of the MCGM Rules. ON STREET PARKING - On street parking means the vehicles are parked on the sides of the street itself. The vehicles can be easily reversed if parked at an angle. September 18, 2018 | Sunita Mishra (Shutterstock) In a landmark judgment, the Bombay High Court (HC) on September 17 ruled that flat owners in a housing society are not eligible for a second parking slot. The stilt parking space is a common parking area available and the developer is obliged to provide the same under the DCR. 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