6 Parking Laws in Housing Societies to Solve Parking Issues

6 Parking Laws in Housing Society to Solve Common Parking Issues

Two-wheelers or car parking laws in housing societies have become one of the top priorities for homeowners. It can help you avoid disputes in the allocation of parking spaces or fee structures. Moreover, unofficial or unmarked parking hassles are common in large communities which can be regulated well by the set of parking laws.

In reality, the lack of designated parking spaces often results in legal disputes. For instance, while purchasing a new property, a builder isn’t authorized to sell you parking spaces independently and must hand them over to the housing society. Back in 2010-11, the Supreme Court banned such selling.  

Therefore, it is in the hands of the MC to fairly allocate you parking spaces. If your housing society has more vehicles than parking units, it can cause apartment parking issues. In conclusion, take proper decisions in your society management system to resolve them only as per the parking laws.

Read further to know about the top 6 parking laws in housing societies to tackle common parking issues faced by both owners and tenants.

Apartment Parking

Types of Parking in Housing Societies

Typically, housing society complexes separate parking areas for 2-wheelers and 4-wheelers on one hand and guest parking on another. If you live in a large gated apartment, there will be extra guest parking units, separated from your parking space. You can choose from these types of parking in your parking lot to avoid complex parking issues –

  • Open Parking – These are the uncovered parking spots that come within the common premises of the apartment.
  • Stilt or Covered Parking – These are partially covered parking units on the ground floor/level of the housing society. 
  • Garage Parking – These are fully covered parking structures at the basement level. 
Garage parking
Garage Parking

While buying a flat, you can choose between open or covered parking. But you must pay for covered parking slots exclusively. However, open or common parking is for all members and doesn’t require payment. 

Open Parking
Open Parking

Apartment Parking Laws in India

Notably, the parking area (Stilt, Open, or Garage) is not covered under Floor Space Index (FSI). hence is not saleable, as per a Mumbai High Court mandate. Such parking rules in housing societies often get ruled out in day-to-day activities. 

You can face several apartment parking issues like uneven parking unit allocation or fee structures. Let us now understand the set of parking laws in housing societies with the help of common questions. 

1. Parking Law – RERA

Q. Can I purchase common parking slots from the builder during my flat purchase itself?

The Law: According to the Real Estate Regulation & Development(RERA) Act, 2016, it’s illegal for you to buy open/stilt or even garage/covered parking spaces separately from a builder/developer. However, as per the Delhi HC 2016 mandate, one parking per flat is valid so that you can park in only allotted areas and not common spaces. 

The Ministry of Housing and Urban Poverty Alleviation in 2017 also specified in Section 2(n) of the RERA Act like almost all Development Control Regulations and Town planning schemes in India that the common apartment areas include open parking spaces, elevators, etc. After all, you cannot purchase or sell it. 

You also must read the Builder-Buyer agreement specifically to check whether you are paying for your parking slot exclusively or it’s inclusive of the flat price. If you have a fair apartment management system, you will also be open to transparent fee structures

2. Parking Law – Apartment Act

Q. Can I purchase common parking slots from the builder during my flat purchase itself?

The Law: According to the “Apartment Act” in most states like Maharashtra, Delhi, etc, once the housing society is registered, it becomes the owner of all common spaces & parking spots. The developer/builder must hand over the property once the municipal corporation issues an Occupation Certificate in the society’s name. In conclusion, you cannot purchase common parking spots separately.

3. Parking Law – Supreme Court Judgement

Q. Can my society’s parking spaces be allotted to outsiders i.e., non-residents?

The Law: As per the 2010-11 Nahalchand Laloochand Pvt Ltd vs Panchali Cooperative Housing Society case, the Supreme Court’s verdict against Bombay High Court’s upholding plea mandated it’s illegal for a builder to sell parking units to non-society buyers/residents as separate real-estate units. 

This means allotment of parking space is an “Administrative function” and the Managing Committee, as well as General Body, are empowered to allot the parking space to its own registered members including family & associate members. 

4. Parking Law – MoHUA Model Bye-laws

Q. How much equivalent parking space must be allotted for a flat purchase? 

The Law: The Ministry of Housing and Urban Affairs’ model building bye-laws, 2016 allow 2 ECS (Equivalent Car Space) per 100 sq meter of floor area in residential premises. It means you will get 1 space per 3BHK and 2 per 4BHK.

5. Parking Law – National Building Code

5. How much area is allowed for parking 2-wheeler and 4-wheelers?

The Law: According to the National Building Code guidelines, one car parking space must not be less than 13.75 sq. meters. For a 2-wheeler, it must not be less than 1.25 sq. meter.

6. Parking Law – MOFA Act

6. What are the typical charges levied for parking spots? Do I need to pay for a parking spot if I don’t use it?

The Law: As per Section 84 of Model Bye-Laws (refer pg: 24), if you are allotted a stilt or other parking space must pay a parking fee as decided in the General Body Meeting. This fee varies for vehicles but you must pay mandatory irrespective of whether you park your vehicle or not. This law is also prescribed under MoFA Act, Section 84.

Stilt Parking
Stilt Parking

Summing Up

Officially, apartment parking slots form a part of common areas available for the utility of all members. Firstly, a builder must provide the parking units as per the sanctioned building plan. Secondly, once residents move in, the builder must hand it over to the housing society RWA. Moreover, the RWA is the actual owner of the apartment parking spaces and the members do not own them and have no right to sell or transfer them under various legal provisions. In conclusion, housing society parking laws are essential to streamline the parking preferences and limitations of any new/existing homeowner. 

We hope our take on top parking laws in housing societies to solve apartment parking issues was informative enough. Also, if you’re facing any kind of vehicle parking issues, join ADDA – The Community SuperApp to raise a ticket and inform your MC in one go.

Reach out to us at 022-48905764 or mail us at sales@adda.io for expert assistance.

Common Housing Society Parking Laws FAQs

1. Who is the owner of the parking space in housing societies?

The housing society itself is the sole owner of the parking spaces and can rightfully allot them to members.

2. What are the typical parking charges?

As per the Model Bye-law section. 84, the typical parking charges laid down by the General Body may range from Rs. 10 to Rs. 10,000 per month, based on the type of vehicle.

3. Is there any law for visitor parking inside the apartment gates?

Yes, as per Govt. civic bodies like BMC, any apartment must allow 5% space inside the gates for visitor parking.

4. How do I track or record vehicles allowed in my apartment parking space?

You can ask for an RC book copy from members manually or just record vehicles automatically using the Parking Manager module in ADDA.

5. Is there a law restricting the sell of parking units?

Yes, according to RERA Act 2016, a builder/developer cannot sell parking units separately.

6. How to give access to the residents for parking slots using ADDA?

Kindly follow the steps below:
Step 1: After logging in to ADDA, go to Admin >> Parking manager >>Setup. 

Step 2: Checkmark the options available as mentioned below as per your requirement:
a. Allow residents to ADD & EDIT vehicles ( Residents can add vehicles from Resident’s Dashboard ).
b. Allow residents to only EDIT vehicle details ( Residents can only edit vehicle details from Resident’s Dashboard ).
c. Hide Vehicle Details from Resident’s Dashboard.

Step 3: Click Save
How to give access to the residents for parking slots?

About ADDA

ADDA is the only community management SaaS built in India, uplifting thousands of gated complexes, property managers, developers, and billions of homeowners across 6 countries. We seamlessly blend every community requirement viz. Communication, Facility Management, Security, Accounting, etc to connect all community associations online. 

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About the Author: Saptarshi