The Maharashtra Real Estate Regulatory Authority (MahaRERA) has refused to exercise its advisory jurisdiction to determine whether puzzle parking should be classified as a common area under the Real Estate (Regulation and Development) Act, 2016 (RERA). The decision came after a complaint by homebuyers from a residential project in Thane, seeking clarity on the legal status of puzzle car parking facilities.
MahaRERA stated that the RERA Act does not grant it the jurisdiction to issue an advisory ruling on this specific issue. The homebuyers had approached the regulator after disagreements arose over whether puzzle parking — a mechanised car parking system with vertically and horizontally movable pallets — should be treated as part of the common amenities available to all residents or as a separately owned facility.
In its order, MahaRERA noted that the Act does not explicitly empower it to decide on the inclusion of puzzle parking within the definition of common areas. As a result, the plea seeking legal clarification was rejected.
Under RERA, common areas typically include spaces such as basements, terraces, parks, and open parking areas intended for shared use by all property owners. However, the statute does not currently define or address the specific status of automated puzzle parking systems. This lack of clarity was cited as a reason for MahaRERA declining to adjudicate on the question.
The decision is expected to influence future disputes involving parking allocation in residential projects, especially where advanced or automated parking systems like puzzle parking are in place. Homebuyers and housing societies may now need to rely on existing sale agreements, project documentation, and cooperative society rulings to resolve similar disagreements.
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