Rules Pertaining To Car Parking in Apartment Complexes

by Krishanu

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. 

Car Parking

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What are the different types of two wheeler and car parking?

  1. Open Parking – These are uncovered parking spots within the apartment complex premises.
  2. Stilt Parking – These are partially covered parking spots on the ground floor of the apartment complex.
  3. Garage Parking – Fully covered complete parking structures. 

What does the law say?

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.”

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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.

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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.

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If you have any doubts about parking spaces, feel free to ask them in the comments below

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Sai June 23, 2018 - 6:46 pm

What is rule for visiting parking by law can are they allowed to park inside the gate is there any rule for this in law ?

Ram June 25, 2018 - 8:00 am

Does the floor on top of garage in Apartment come under common area?
We have a 2 floor group house and registered portions individually. While buying 10 yrs back itself there was a garage letout as a shop. While registering this garage was registered to the ground floor flat owner. This GF flat was sold recently. Now the new owner wants to build on the floor above the garage which was common balcony in first floor. Can he build on top of garage as it is registered now in his name. Pl. clarify..

Pune Person July 3, 2018 - 9:52 am

Hi, I am from Pune, Maharashtra. I had purchased 1 BHK in society in Dec 2015. I was asked to pay 1 lakh for Open Parking as no covered parking was available. I paid 1 lakh for open parking space. In Index 2 and in Agreement, at both places it is mentioned that promoter/owner herein has agreed to sell to the Purchaser/s and Purchaser/s has/have agreed to purchase from promoter/owner the said flat/unit. The flat/unit being sold in 1BHK having carpet are along with Open Car Parking Space.

Now, this ‘along with Open Car Parking Space’ mentioned is the only legal proof I got to say that I have right to park my car in space which is allotted to me by builder in which I am parking my car.

One year back our society is formed and now conveyance deed is pending. Few people who has taken flats without paying any extra for open parking are now saying once conveyance deed done they too will right to park their cars anywhere in open parking space. Which will definitely become huge reason for people to fight. They are also saying they a lottery should be carried out for all of the open parking spaces. Having said that no one sure what will happen to people like me who already has paid for open parking but not selected in such lottery.

Can you please guide me what is the legal and correct thing should be done here?

Manish Sangle. July 3, 2018 - 7:27 pm

Hi,if a member has a stilt parking which is small and car does not fit in to it,if builder gives a open parking in the common area is it legal or illegal? 2)If It is legal can I keep both the parkings or has to surrender the small one.

Suresh Reddy July 7, 2018 - 8:28 pm

If the builder construct 20 flats and 22 car parkings available. Can the builder have right to keep the extra 2 parkings for his own.

ramesh July 8, 2018 - 9:58 am

Is MOFA act section 84 apply to Tamil Nadu?

Suhas N Girme July 11, 2018 - 7:35 am

Can members wash their cars in
the parking slot? who is suppose
to look after these things?

N jain July 13, 2018 - 4:29 pm

Can I park 2wheeler in common area

Shilpa Naik July 17, 2018 - 5:35 am

Our society has passed a resolution that parking purchased through builder as well as parking purchased through society can be sold to the person purchasing the said flat along with parking. Therefore members on waiting list are left with no option but to be just on paper as there is no way that they can claim for parking. Is there any way to seek legal remedy and which is the competent authority which can be approached?

Sudhir Pandey August 4, 2018 - 7:36 pm

How can a different name other than registered name can park the vehicle in the open parking space

S Balakrishnan August 23, 2018 - 7:47 am

We have a flat scheme at Nagpur and there are seven flat owners. The flat has 2 bed room flats 3 Nos.and one bed room flats three numbers. The cars are parked in the open space within the compound. The approximate super built up area of two bed room flats are 750 sq,feet and one bed room flat is 450 to 500 sq.ft. Is there any rule which specify that each owner has to have certain number of vehicles both car and scooters? Now the scooters are parked in a covered space within the compound. There is a dispute going on with flat owners in regard to the same. Can you throw some light on this issue. The apartment is not registered under the Act and what is the best solution possible to resolve the issue.

A C rajgopalan September 12, 2018 - 1:03 pm

Builder alloted parking to flat A1 at x1 parking space on ground.
Now 1st owner bought several flats and has changed a few parking spaces as per his comfortable wish after builder handover to society. Hence parking space X1 changed to x2. On ground floor.
Now, the 2nd owner was told to park car in x2 space for flat A1 while buying flat. He did the same for 2-3 yrs. But faced many issues since near common facilities n drainage line. Now he claimed the builder alloted parking X1 for flat A1 as per original builder allotted parking.

What’s his legal status for the same.

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