Two wheeler or car parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures. If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell car parking spaces as individual real estate units. Back in 2010, the Supreme court had banned the sale of parking spaces across the country.
What are the different types of two wheeler and car parking?
- Open Parking – These are uncovered parking spots within the apartment complex premises.
- Stilt Parking – These are partially covered parking spots on the ground floor of the apartment complex.
- Garage Parking – Fully covered complete parking structures.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
The Ministry of Housing and Urban Affairs’ model by-laws allow 2 ECS (Equivalent Car Space) per 100 sq meter of floor area in residential premises. This can be translated to 1 space per 3BHK and 2 per 4BHK. According to Apartment acts, you are neither allowed to cover or repurpose parking spaces nor shall a member have any right to sell or transfer parking slots allotted by the society. A fine may be charged by the society for any violation of parking laws.
So, if there are a limited number of parking spots, then the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spots to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.
When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, every member who has 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 the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”
Here are some FAQ’s about Car Parking Spaces and answers to them
1. How is the Builder responsible for the Parking Spaces in a Community?
A builder has to provide a certain number of parking spaces based on the number of units of houses. According to the National Building Code, one car parking space must not be less than 13.75 sq. meter. For a 2-wheeler, it must not be less than 1.25 sq. meter. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
However, The RERA or Real Estate (Regulation and development) Act, 2016 only spoke of covered parking space but the rules did not include open parking. Hence, a developer was fully entitled to sell covered parking but open parking couldn’t be sold.
In 2017, the Ministry of Housing and Urban Poverty Alleviation specified that in Section 2 (n) of the RERA Act, common areas include open parking spaces and thus, open parking spaces cannot be sold to allottees.
2. How can the managing committee handle the allotment of parking spaces?
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
3. Who owns the parking space?
- The apartment complex “solely” owns the common spaces (Stilt or Open)
- The members DO NOT own these spaces
- Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
- Registered members include family members and associate members
- Tenants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be extended as a humanitarian facility to the nominal members. If the landlord isn’t eligible for parking then the tenant may be asked to to pay for parking charges or the landlord can pay it on his/her behalf.
- As per BMC, a building must allow at least 25% space for visitor parking though it was dropped down to 5% recently.
- Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.
- Buyers must check the Builder-Buyer agreement specifically to check if they are paying for their parking slot. The builder must provide parking if he has charged for it.
- The bye-law provision pertaining to Parking “RIGHTS” is a gross violation of the various BMC & Fire act rules and has got no force of law, in Court of Law.
- Can the Managing Committee refuse to allot parking space to its members?
Parking space number is decided on the Lay-Out Plan (LOP) as approved by the civic body (BMC). It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.
3. What are the typical parking charges?
Section 84 of Model Bye-Laws talks about parking charges. Every member who has been alloted the stilt or the parking space shall be required to pay the parking charges at sich rate as may be decided by the general body of the society at its meeting irrespective of whether a member parks their motor vehicle or not.
At the time of buying a flat, you get two options for parking – open and covered. Residents cannot enjoy exclusive rights on open parking slots. However, residents who pay for covered parking enjoy exclusive rights on the covered slots.
The typical parking charges are laid down by the general body. They may range from Rs. 10/- to Rs. 10,000/- per month. It also depends on the type of vehicle i.e. 2 wheeler, 4 wheeler and so on. It is applicable only to registered members. This can happen when a resolution is passed in the General Body Meeting to do so. You can read the guide to maintenance charge calculation in one of our blogs.
4. Who is responsible for the maintenance of the parking space?
The Managing Committee is responsible for the maintenance of the parking space. Its upkeep and safety of the vehicles has to be ensured by the managing committee members. They also have to provide common area lights and security for the members and the vehicles.
5. Can parking deposit be collected?
Many societies may impose refundable security deposits for car parking spaces ranging from Rs. 50,000/- to Rs. 5,00,000/-. However it is important to note that Parking spaces are common areas and hence deposits cannot be collected even if it is passed in the General Body Meeting. MCS Rule 39 restricts these rights of society to raise funds.
You can always raise a ticket on your ADDA software to inform the managing committee if you are facing issues with regards to your vehicle parking.
If you have any doubts about parking spaces, feel free to ask them in the comments below