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. 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. You have answered your own question. The open spaces are not included in FSI calculations. 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. 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. 1) Tenement with carpet area up to 45 sq. 3. The society's argument is that they are following society's parking rules passed by AGM in the year 2006. By law, a Developer can only sell flats that have been constructed with FSI. 2. 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). Therefore, you need to use stilt parking option," said Sudhir Vohra, architect and expert member on DDA's Master Plan review group. meters (1076 sq. 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. Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body i.e. Prior to this order, the stilt construction was mandatory only if a plot owner constructed the fourth floor, said officials. 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. As per the Development Control Regulations for Greater Mumbai 1991, one is parking space for every 8 sq. 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. Stilt parking forms a part of the common area, and thus cannot be sold by the builder. As per Bye-law No. WHY WE NEED STILT PARKING? Generally at ground level of housing society with couple of pillars / poles … 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. BMC’S PARKING RULES FOR HOUSING SOCIETIES. This will be usually controlled by private commercial agencies itself. Types Of Car Parking. For Grade I Restaurant, one parking space for every 25 sq. The mounting population with progressive life style in major cities of India has now become a major threat for car parking issue which we confront almost every day in any corner of the city. ANGULAR PARKING - The vehicles are parked at an angle. Simultaneously, criminal action can also be initiated against the Office … It is time to find viable options to the problem. 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. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. However, if you keep a nice midsized cupboard and stack your tools, the … Hence, it is the safest parking from the accident perspective. Many Old residential in south Mumbai do not have parking space inside society and since years they park their vehicles on street. 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. 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. As soon as the Corporation issues the occupation certificate and the Society is registered, the building as well as the stilt parking spaces, … BASEMENT PARKING – The basement parking space type refers to parking located below grade within an occupied building. a) Parking Rules Co-operative Housing Society can and should frame parking rules. 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. Whether stilt parking spaces are part of common areas and facilities The MOFA does not define common areas and facilities. 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. meters and estoppels do not work against statutory provisions. Parking charges of Housing Society. The homebuyer had complained about the developer selling open car parking space in its ready project, while the developer refuted the allegation. PARALLEL PARKING - The vehicles are parked along the length of the road. 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. So the society is not wrong in objecting the tools which you keep in that space. Under Section 82 of MOFA, In case the numbers of vehicles of eligible members are in excess then the available parking space/stilts, the Managing Committee shall allot such parking space/stilts by “lot” on yearly basis. However, the Development Control Rules restrict the construction of such parking lots up to ground plus four floors. 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. 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. For other towns in the state, stilt parking shall be mandatory for construction of the 4th floor. Stilt: In this type of car parking option, the space is open from almost 2 to 3 side or all. Commercial use of Garage. meters (485 sq. meters of area is required to be provided. Multi-level Parking systems for sometime have provided relief since they come with a number of advantages i.e. Maharashtra Government has also laid out detailed regulations regarding car parking sale and management in certain clauses of its Maharashtra Ownership Flats (MOFA) Act. Thank you for subscribing to our daily newsletter. 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. 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 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. OPEN PARKING - An area forming an integral part of a plot left open to the sky. ft carpet area is compulsory. 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. 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. I have recently purcased a flat in Navi Mumbai. 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 … STILT parking member has to pay BMC stilt tax plus parking charges, at least equal to … In Housing Societies in Mumbai, the Developers provide a parking space as per the provisions of the Development Control Regulations (DCR). The same had to be provided by Builder to the members free of cost. As per the Maharashtra Ownership Flats Act (MOFA) rules, no member can cover a parking stilt and it has to remain an open space. For example, in Delhi, it is mandatory for all the apartment building, which are spread between 100 to 10,000 sq. 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’. 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Any decision contrary to any of these Bye-Laws is invalid and not binding. It is part and parcel of the Society building and it cannot be a separate premises available for sale. However, it consumes the maximum curb length and therefore, only a minimum number of vehicles can be parked for a given kerbed length.