By Arosh John, Founder – John Real Estate (MahaRERA Reg. No. A51700001835) | Editor-in-Chief – Thane Real Estate News (TREN)
Thane–MMR | November 2025
Parking continues to be one of the most misunderstood components of residential real estate. Buyers often hear conflicting statements about whether developers can sell parking, whether MLCP is saleable, whether stilt parking is a common area, and whether open parking can be charged. MahaRERA, Maharashtra RERA Rules and the RERA Act provide a clear and precise framework.
This article presents the exact legal position as it stands today.
1. Parking’s Legal Status: It’s Allotment, Not a Sale
Under Indian property law and the RERA framework, a flat is an immovable property. It is sold through a sale deed and has independent legal identity.
A parking space, however:
- does not have a separate property number
- does not have independent title
- cannot be conveyed through a separate sale deed
- cannot be transferred independently of the flat
Therefore, under MahaRERA:
Parking is never sold as property.
It is always allotted as an exclusive-use right attached to the flat.
Even when the buyer pays for parking, the legal nature of the transaction remains allotment, not sale.
2. Open Parking Cannot Be Charged or Sold
Open parking, including open-to-sky parking, open surface bays, open MLCP decks and open ramps, is classified as a common area.
Therefore:
- Open parking cannot be sold
- Open parking cannot be charged
- Open parking may only be allotted as part of common-area usage
This rule is firm and non-negotiable.
3. The Two Exceptions: When Charging for Parking Is Permitted (Garage and Covered)
Under MahaRERA Circular 36/2021, developers are permitted to charge consideration for only two parking categories:
- Garage
- Covered parking spaces such as basement, stilt, podium, mechanised parking and MLCP (only if approved as covered)
However, even these are not sold as property units. They remain allotted exclusive-use rights attached to the flat.
Agreements use the phrase:
“The Allottee is allotted one covered parking space”
and never:
“Parking is sold.”
4. Covered Parking Is Not an Independent Property Unit, Even When Charged
Covered parking cannot exist as a standalone immovable property. It cannot be conveyed separately, transferred separately, or mortgaged separately. It always travels with the flat.
Payment reflects consideration for allotment, not a sale.
5. MLCP (Multi-Level Car Parking): The Exact Legal Position
Under the Maharashtra RERA Rules, covered parking includes mechanised parking arrangements. This can include MLCP structures if sanctioned as covered/mechanised.
A. If MLCP is sanctioned as covered or mechanised
The developer may charge consideration and allot a slot.
B. If MLCP is sanctioned as a common facility
It cannot be charged.
C. Open MLCP decks
Not chargeable and treated as open parking.
6. Parking Allotment Letters Are Always Separate
Even when mentioned in the Agreement for Sale, the finalisation of slot number, location and dimensions is documented through a separate Parking Allotment Letter or included in the possession folder. This is standard practice.
7. How Buyers Must Verify Parking Legality
Buyers should check:
A. Sanctioned plans: Parking must be approved as covered/mechanised to be chargeable.
B. MahaRERA Annexure-1: Parking inventory must be disclosed by the promoter.
C. Agreement for Sale: If money is charged, the AFS must specify type, slot number, location, dimensions and consideration.
8. Final Rulebook (Accurate, Updated and MahaRERA-Compliant)
- Parking cannot be sold as property
- Developers may charge for garage and covered parking spaces
- Parking is always allotted, never sold
- Open parking cannot be charged
- MLCP is chargeable only if approved as covered/mechanised
- Parking is an appurtenant right attached to the flat
- No independent title or sale deed exists for parking
This is the exact legal position under MahaRERA as of 2025.
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and Editor-in-Chief of Thane Real Estate News (TREN). With more than a decade of specialised expertise in the Thane–MMR market, he is widely recognised as an emerging authority in premium resales, villa transactions, RERA compliance and infrastructure-led market insights. His work focuses on providing fact-checked, regulation-aligned guidance to homebuyers, investors and NRI clients, strengthening transparency and professional standards in Thane real estate.
Disclaimer
This article is prepared based on the Real Estate (Regulation and Development) Act, 2016, the Maharashtra RERA Rules, MahaRERA Circular 36/2021, MahaRERA Order 54/2024 and the Model Agreement for Sale. It is intended for information and consumer awareness only and should not be treated as legal advice. All third-party names, rules and documents referred to remain the property of their respective owners.
