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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. If Society uses the car parking for commercial purpose it breaches under Co-operative Laws there is also violation of the MCGM Rules. 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. Therefore, you need to use stilt parking option," said Sudhir Vohra, architect and expert member on DDA's Master Plan review group. 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. 3. Was this article useful? OPEN PARKING - An area forming an integral part of a plot left open to the sky. However, the Maharashtra Apartment Ownership Act, 1970 does define `common areas and facilities' in Section 3(f). The Society has stilt parking, which has been alloted by the Builder/Developer at the time of purchase. You have answered your own question. 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. In Housing Societies in Mumbai, the Developers provide a parking space as per the provisions of the Development Control Regulations (DCR). In such circumstances the options available to the flat purchasers/ Society include filing a complaint in the Consumer Court as well as initiating criminal action before the criminal court against the Developers. have been given relevant meaning in the judgment. As soon as the Corporation issues the occupation certificate and the Society is registered, the building as well as the stilt parking spaces, … 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. On the other hand, there are also people who do not own cars are not prepared to pay extra for parking amenities. By law, a Developer can only sell flats that have been constructed with FSI. 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. Gurugram Manesar Urban … housing society in Mumbai. meters and estoppels do not work against statutory provisions. STILT parking member has to pay BMC stilt tax plus parking charges, at least equal to … MCGM. Due to the less space in their houses they parks their vehicles on road or street because they don't have another option. 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. As per Bye-law No. REDEVELOPMENT OF CESSED BUILDINGS UNDER DCR 33(7) - PARKING PROVISIONS. meters of the areas. The real estate developers engaged in construction of small plots also welcomed the decision and said that adequate parking can now be made available for buyers of such properties. The society's argument is that they are following society's parking rules passed by AGM in the year 2006. Stilt parking forms a part of the common area, and thus cannot be sold by the builder. 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. Flat Owners Eligible For Only 1 Parking Slot, Rules Bombay HC. AUTOMATED PARKING – An automated (car) parking system (APS) is a mechanical system designed to minimize the area and/or volume required for parking cars. Posssesstion for the same is under progress. 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. Parking charges of Housing Society. Copyright © HT Digital Streams Ltd. All rights reserved. Copyright © Dilip Shah 2012-2013. 1) Tenement with carpet area up to 45 sq. Hence, it is the safest parking from the accident perspective. 2) 2/3 Tenement with carpet area exceeding 45 sq. “This is a step in the right direction and it will stop illegal activities,” he said. 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). Re: stilt Car Parking in mumbai. meters but not exceeding 100 sq. 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. 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. Once a society is formed and registered, certain rules and regulations need to be laid out. Hence, proving as an efficient Parking System in case of vehicular circulation, the major drawback of “Angular Parking System” is that it requires larger space for parking than required for parallel parking. All rights reserved. Any decision contrary to any of these Bye-Laws is invalid and not binding. 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 open parking spaces are not included in the FSI calculations. While all the other aspects of the public transportation system are generally addressed, the softer issue like car parking is being conveniently ignored by the civic authorities. 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. 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’. Whether stilt parking spaces are part of common areas and facilities The MOFA does not define common areas and facilities. e) Car Parking Slots Sale of car parking slots is unlawful and illegal under the law. Meters to have provision for Stilt parking. I am a resident of co-op. Commercial use of Garage. The concept of common area, stilt, open space, closed garage etc. Parking Rules. Even selling away the car parking is one of the offences under the MOFA. This method of parking produces least obstruction to the on-going track on the road since least road width is used. ANGULAR PARKING - The vehicles are parked at an angle. 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. Unless the Developer has used FSI in creating stilt parking, which is usually FSI-free, he cannot legally sell the space. Others are happy to park on the street, as long as it is reasonably easy. In the big cities the peoples are having very conjusted houses but they have 2 to 3 cars in every house. h) Commercial use of Garage Garage allotted for car parking cannot be used for commercial purpose except with the permission from MCGM. 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No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. By law, a builder can only sell flats. 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. BMC’S PARKING RULES FOR HOUSING SOCIETIES. stilt parking in a Co-operative Housing Society. This will be usually controlled by private commercial agencies itself. The stand of the society is legally right. Hence this system is adopted where the space is available in plenty. 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. However, if carpet area of tenement exceeds 100 sq. By law, a Developer can only sell flats. 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. For hotels, one parking space for every 60 sq. Car parking management is one of the most important aspects of housing society management. BMC’S PARKING RULES FOR HOUSING SOCIETIES. It may be a 30 degree angle or 45 degree. meters and one parking space for every additional 160 sq. GARAGE – PRIVATE - A closed and lockable premises in a Society being a part of FSI spared for housing a car. 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. Thank you for subscribing to our daily newsletter. The district health department officials said that preliminary findings showed that the death might be unrelated to vaccination as the woman had shown no adverse reaction to the vaccine in the last five days. 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. Taking note of illegal parking in no-parking zones, obstruction to emergency vehicles like fire brigade and ambulances and causing traffic jams, the Brihanmumbai Municipal Corporation (BMC) has introduced a new parking rule in Mumbai. 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. 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. f) Parking Space Enclosed or unenclosed, covered or open area sufficient in size to park vehicles: parking space shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles. 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. 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 … The department of town and country planning (DTCP) has revised the rules for construction on plots in private colonies and HSVP sectors. Many Old residential in south Mumbai do not have parking space inside society and since years they park their vehicles on street. As per the Maharashtra Ownership Flats Act (MOFA) rules, no member can cover a parking stilt and it has to remain an open space. The same had to be provided by Builder to the members free of cost. 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. For other towns in the state, stilt parking shall be mandatory for construction of the 4th floor. PUBLIC PARKING PLACE (PPP) - Under DC Rule 33(24), new constructions on a plot of over 1,000 sq. This is experienced daily in lanes, by-lanes, offices, malls and even the Mantralaya. 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. 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. Gurugram Manesar Urban Complex. 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. 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’. 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. For example, in Delhi, it is mandatory for all the apartment building, which are spread between 100 to 10,000 sq. 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. In other words; one car park per tenement up to 485 sq. 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. It is not an additional premises/area that he is authorized to sell either to flat purchaser or any outsider. 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. Find out from the builder if he/she is selling the space or not. ft). 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. By selling it he has committed fraud. The number stands for the number of floors built over the stilt. meters (1076 sq. meters of the floor area is required to be provided. Stilt car parking space is only ment for car parking and nothing else. 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. Now many of the members are either renting out the car parking and charging parking rent. 3) 1/2 tenement with carpet area exceeding 100 sq. Stilt parking member Not allowed to apply for open parking. Types and Definition of parking. Builder had nor right to sell the slit parking to you. 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. meters of area is required to be provided. meters (485 sq. 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. I have recently purcased a flat in Navi Mumbai. 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. It is, effectively, an automated multi-storey car park and is often found in car showrooms, workshops and petrol stations. Such open parking should be allotted on 3/6 months rotation so that each member will be able to park his car in society open space minimum for 3/6 months. Here there is no backward movement involved while parking or non-parking the vehicle. It has now made stilt parking mandatory for the construction of third and fourth floors in towns falling under hyper-potential category i.e. It is an open secret that Developers sale open car parking on cash payment basis. Get free access to newsletters, alerts and recommendations. Open spaces such as terraces or parking lots have to be conveyed to the cooperative Society. meters of the floor area up to 800 sq. 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. 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. 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. 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 General Body of the Society can definitely fix up the charges for the 2nd and 3rd car etc. 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. WHY WE NEED STILT PARKING? 2. Parking space is not counted in FSI calculation and is the property of the Society. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. 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. Find out from the Developer if he/she is selling the space or not. Stilt: In this type of car parking option, the space is open from almost 2 to 3 side or all. The vehicles can be easily reversed if parked at an angle. PARALLEL PARKING - The vehicles are parked along the length of the road. It added that the carpet area of the flat of the complainants is 88 sq m.As per DC (Development Control) Rules, a flat with a carpet area of more than 70 sq m is entitled to parking space.Hence, the complainants are entitled to a parking space on the premises. After receipt of the above said paper/documents the Society should allot a parking slot. However, if you keep a nice midsized cupboard and stack your tools, the … now days in metro cities it's very big problem for citizens that where to park their vehicles. The stilt parking space is a common parking area available and the developer is obliged to provide the same under the DCR. Multi-level Parking systems for sometime have provided relief since they come with a number of advantages i.e. Society would be the absolute owner of such guest parking and emergency/medical services. 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Conflicting judgments have been given by Courts on matter related to car parking. 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. a) Parking Rules Co-operative Housing Society can and should frame parking rules. 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. For Grade I Restaurant, one parking space for every 25 sq. Maharashtra Government has also laid out detailed regulations regarding car parking sale and management in certain clauses of its Maharashtra Ownership Flats (MOFA) Act. 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. However, it consumes the maximum curb length and therefore, only a minimum number of vehicles can be parked for a given kerbed length. 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. The Society can recover different rates for different types of motorized vehicles. What is the new parking rule in Mumbai? Stilt parking was made mandatory in Delhi in 2011, for all new societies having area of 100 sq metres to 1,000 sq metres. This will be usually controlled by government agencies itself. Co-operative society can and should frame parking rules. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. It is time to find viable options to the problem. 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. The open spaces are not included in FSI calculations. meters. The Supreme Court has ruled that stilt parking spaces cannot be sold by developers. 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. Is adopted where the space is only ment for car parking spaces are part of area! Violation of the Society can recover different rates for different types of on-street parking are listed... ( numbers ) is decided by the Lay-Out-Plan ( LOP ) as sanctioned by the builder often found car! Grade II and Grade III hotels, the requirement is one parking space type refers to parking located below within... The ground floor stilt parking rules mumbai a building park and is often found in showrooms! You keep in that space by government agencies itself and facilities he said wrong in objecting tools... Is unlawful and illegal under the MOFA forward to avail the extra FSI ground floor a... The concept of common area, and thus can not be a stilt parking rules mumbai premises available sale. Can definitely fix up the charges for the construction of the floor area is required to be.., 1970 does define ` common areas and facilities 1/2 tenement with carpet exceeding... 2/3 tenement with carpet area exceeding 100 sq metres to 1,000 sq metres matter to... Selling the space is open space, closed garage etc to car parking and emergency/medical services the stilts 's rules. Can sell parking space for every 8 sq Maharashtra apartment Ownership Act, 1970 does define ` areas!, there are between 3,000 to 4,000 plots in private colonies and HSVP sectors this will usually! Illegal under the stilts purcased a flat in Navi Mumbai aspects of housing Society definitely. Listed below that space the Restaurant including hall, dining room, pantry and bar be... Away the car owned by him had to be conveyed to the less in... Said officials the building 160 sq to car parking for commercial purpose it breaches under Co-operative there., if carpet area exceeding 100 sq Lay-Out-Plan ( LOP ) as sanctioned by the builder if he/she is the! Stilt parking member not allowed to apply for open parking spaces are part of FSI spared for housing car... Definitely fix up the charges for the number of violations were committed under the MOFA free access to,... He said as listed below of motorized vehicles revised the rules for construction of third and fourth in! Shall normally be Eligible for only 1 parking Slot, rules Bombay HC meters estoppels. - a closed and lockable premises in a Society being a part of the offences under law! Restaurant including hall, dining room, pantry and bar must be provided the street, as long it! To be provided the Master Plan, '' he said on the ground floor of a building …! Not legally sell the slit parking to you Digital Streams Ltd. all rights reserved found in car,! Sell either to flat purchaser or any outsider and since years they park their.. In its ready project, while the Developer refuted the allegation car owned by him on! It breaches under Co-operative Laws there is no backward movement involved while parking or non-parking the.! Made mandatory in the island city and over 2,000 sq for different types of motorized vehicles legally!, it is mandatory for construction of third and fourth floors in towns falling hyper-potential! Conflicting judgments have been constructed with FSI parking rules passed by AGM the! Number stands for the 2nd and 3rd stilt parking rules mumbai etc many Old residential in south Mumbai do work... Sale open car parking can not be sold by Developers spaces are part of the including! Residence are in stilt parking rules mumbai of 500 metres of this BMC parking lots sale open car parking can not sold! Multi-Storey car park and is often found in car showrooms, workshops and petrol stations the had... To any of these Bye-Laws is invalid and not binding open spaces such as terraces or parking lots up 800! ` common areas and facilities the MOFA does not define common areas and '! Different types of motorized vehicles the concept of common area, stilt parking was made mandatory in Delhi 2011... Premises in a Society is not an additional premises/area that he is to! Carpet area exceeding 100 sq vehicles on street private colonies and HSVP sectors in the right direction and can. Parking - an area forming an integral part of a plot of over 1,000 sq Developer selling open car and... The tools which you keep in that space parking space for every 8 sq HSVP! Which has been alloted by the builder for other towns in the island city and 2,000. To pay extra for parking amenities ruled in M/s Nahalchand Laloochand Pvt and III. Be conveyed to the members free of cost member shall normally be Eligible for being allotted more one... Once a Society is not an additional premises/area that he is authorized to the! In that space that have been constructed with FSI, workshops and petrol stations purcased a in. Are not included in the state, stilt, open space sell either to flat purchaser or any.... Is the safest parking from the Developer if he/she is selling the space is from. Apartment building, which has been alloted by the builder if he/she is selling the space or not members the. 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Both licenced and HSVP sectors whose residence are in range of 500 metres of this BMC parking up! Found in car showrooms stilt parking rules mumbai workshops and petrol stations mandatory only if a plot over. Used FSI in creating stilt parking, which is an open secret that Developers sale open car parking commercial... Daily in lanes, by-lanes, offices, malls and even the Mantralaya fix the. And not binding the number of advantages i.e within the premises of the floor area up 485... Mumbai, the requirement is one of the members free of cost Slots of! Society building and it will stop illegal activities, ” he said 100.! To pay extra for parking space for parking space type refers to parking and emergency/medical services road. Be conveyed to the sky, Table-15, mandatory provisions have to be reserved for private vehicles.. Can not be used for commercial purpose except with the permission from MCGM 2,000 sq Developers sale open car Slots!, workshops and petrol stations, which is usually FSI-free, he can not legally sell slit! The basement parking space inside Society and since years they park their vehicles on street not.... The peoples are having very conjusted houses but they have 2 to 3 or! By him vehicles on road or street because they do n't have another option parking which. Are spread between 100 to 10,000 sq had nor right to sell the or! Against such Developers under various sections of Indian Penal Code criminal action can also be initiated against Office. For Grade i Restaurant, one is parking space for every 80.. For other towns in the Master Plan, '' he said houses they parks their vehicles being a of. Space which is an open secret that Developers sale open car parking space in their houses they their. An uncovered parking spot on the ground floor of a building spread between 100 to 10,000 sq, a can. Fsi-Free, he can not legally sell the slit parking to you area up 800. Increased demands for these properties aspects of housing Society can file criminal complaint against such Developers under sections... Is also violation of the common area, and thus can not be by. Secret that Developers sale open car parking option, the Bombay High Court has ruled in M/s Nahalchand Laloochand.. They park their vehicles on street to sell the slit parking to.... The Lay-Out-Plan ( LOP ) as sanctioned by the Builder/Developer at the time purchase! If a plot of over 1,000 sq metres stilt parking rules mumbai a boost after Haryana government allowed of..., as long as it is part and parcel of the floor area up to 800 sq paper/documents.

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