{"id":5116,"date":"2015-02-19T16:07:59","date_gmt":"2015-02-19T16:07:59","guid":{"rendered":"http:\/\/apartmentadda.com\/blog\/?p=5116"},"modified":"2025-12-17T13:49:04","modified_gmt":"2025-12-17T13:49:04","slug":"apartment-parking-rules-and-regulations","status":"publish","type":"post","link":"https:\/\/adda.io\/blog\/2015\/02\/apartment-parking-rules-and-regulations\/","title":{"rendered":"Essential Car Parking Rules Every Apartment Resident Should Know"},"content":{"rendered":"\n
\"Apartment<\/figure>\n\n\n\n

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. So it is very important for residents and owners to know about the Apartment Parking Rules And Regulations<\/span>. <\/span><\/p>\n\n\n

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\"Does<\/a><\/figure>\n<\/div>\n\n\n

What are the different types of two-wheeler and car parking?<\/b><\/h2>\n\n\n\n
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  1. Open Parking \u2013 These are uncovered parking spots within the apartment complex premises.<\/span><\/li>\n\n\n\n
  2. Stilt Parking \u2013 These are partially covered parking spots on the ground floor of the apartment complex.<\/span><\/li>\n\n\n\n
  3. Garage Parking \u2013 Fully covered complete parking structures. <\/span><\/li>\n<\/ol>\n\n\n\n
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    \"\"<\/figure>\n<\/figure>\n\n\n\n

    Apartment Parking Rules And Regulations: What does the law say?<\/b><\/h2>\n\n\n\n

    According to the \u201cApartment Act<\/a>\u201d in most states, car parking is a part of the society\u2019s 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.<\/span><\/p>\n\n\n\n

    The Ministry of Housing and Urban Affairs\u2019 model by-laws<\/span><\/a> 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.  <\/span><\/p>\n\n\n\n

    So, if there are a limited number of parking spots, then the managing committee<\/a> 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.<\/span><\/p>\n\n\n\n

    When it comes to charges levied for parking spots, the law states \u201cUnder Section 84 of the <\/span>MOFA Act<\/span><\/a>, 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.\u201d<\/span><\/p>\n\n\n\n

    Here are some FAQ\u2019s about Car Parking Spaces and answers to them<\/b><\/h2>\n\n\n\n

    1. How is the Builder responsible for the Parking Spaces in a Community?<\/strong><\/span><\/p>\n\n\n\n

    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.<\/span><\/p>\n\n\n\n

    However, <\/span>The RERA or Real Estate<\/span><\/a> (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\u2019t be sold. <\/span><\/p>\n\n\n\n

    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. <\/span><\/p>\n\n\n\n

    2. How can the managing committee handle the allotment of parking spaces?<\/strong><\/span><\/p>\n\n\n\n

    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.<\/span><\/p>\n\n\n\n

    3. Who owns the parking space?<\/strong><\/span><\/p>\n\n\n\n