Car Parking Rules in Apartments- Laws & Guidelines
Parking in apartment complexes isn’t just about finding an empty spot; it’s about following set rules that ensure fairness, safety, and smooth traffic flow. Every housing society has its own guidelines for allotment, visitor parking, and use of common areas. Understanding these car parking rules in apartments helps residents avoid disputes, protect their rights, and maintain harmony in the community.
General Car Parking Rules in Apartments
Rules for parking vehicles in a residential building complex generally dictate where and how cars should be parked within that space.
Key aspects of the car parking rules in Apartments:
Designated Parking Area
One must park their vehicle within the designated parking spaces as per apartment parking rules and regulations, and must avoid encroachment on other slots.
Blocking Access
As stated under the car parking rules in residential areas in India, parking one’s vehicle should not obstruct entry/exit points, driveways, or fire lanes.
Noise Levels
One must maintain a peaceful environment by minimising noise while retrieving or parking a vehicle.
Cleanliness
It is essential to avoid oil leaks, littering, and other forms of waste to keep the parking area clean.
Visitor Parking
Generally, visitor parking is available outside the main complex. However, with proper apartment visitor parking management, societies can make specific arrangements, such as designated spots inside the premises for guests.
Parking Stickers
If you have a parking sticker issued by the residential complex, you may have an easier time getting identified and having access to a parking spot.
Parking Fees
Based on the general body meetings and apartment parking rules and regulations, societies can levy parking charges.
Limited Parking Space
When parking is limited, societies may implement a rotating system or a first-come, first-served system to allot a spot.
Read Also: Tandem Parking
What Is the Legal Framework for Apartment Parking Rules and Regulations?
The legal framework for parking in apartments in India is primarily governed by the Real Estate (Regulation and Development) Act, 2016 (RERA) and local building bylaws. These apartment parking rules and regulations, along with RERA guidelines for car parking, define parking allocation, usage rights, and compliance requirements for developers, housing societies, and residents.
Let’s take a closer look at the key regulations:
- RERA mandates that open parking spaces cannot be sold by builders as individual units. These are a part of the common spaces.
- One can sell covered parking spaces (for example, a garage) separately, but the seller must mention it clearly in the sales agreement.
- Open parking, visitor parking, and stilt parking are, by general classification, common areas.
- Visitors should have a minimum of 5% of the total parking space reserved for them as per car parking rules in residential areas in India.
- Builders must allocate parking spaces in proportion to the number of apartments and as per the sanctioned building plans.
- Within the society, Resident Welfare Associations (RWAs) manage and regulate parking by enforcing rules, allocating spaces, and addressing disputes under apartment parking rules and regulations.
- According to the National Building Code, a standard automobile parking space should be 6 meters long and 2.75 meters wide, aligning with the standard car parking size in apartments in India.
- If there are disputes concerning car parking rules in apartments, residents can approach the RWA or seek legal recourse.
- To regulate parking, including vehicle types, parking duration, restrictions, or other relevant rules, housing societies can make their own bylaws under parking rules in residential areas India.
- If a visitor is denied parking without a valid reason, they can challenge it legally.
Read Also: What is Podium Parking
How to Resolve Car Parking Issues in Apartments
The first step to resolving a parking dispute in apartments is to try to handle the issue by communicating clearly with the involved parties, as encouraged under apartment parking rules and regulations. If that does not work, only then should one contact the RWA or property manager. And considering legal recourse is the last resort.
Conflict Resolution Through Communication
You can start by listening to your neighbour’s perspective and calmly discussing the parking issue. Documenting all incidents with as much detail as possible, with evidence, is also what you should do. If you and the other party involved cannot resolve the issue, you can consider mediation with a neutral third party.
Resolution Involving RWA or Property Manager
First, you need to review the apartment parking rules and regulations in the bylaws. If the issue continues and involves a violation of rules, you should file a complaint with the property manager or RWA. They can solve the issue or take necessary action.
Dispute Resolution Using Legal Recourse
In case all efforts fail, to explore legal options, you need to consult a lawyer experienced in property disputes. Remember that legal action, such as a civil case or consumer court, is a last resort. You should know your local parking law accurately, as it can vary regionally.
Read Also: Apartment Parking issues Solutions in Societies
How is a Parking Space Allocated?
A combination of factors like state laws, sales deed, committee decision-making process, and building bylaws govern the parking space allocation in residential apartments.
Here’s a closer look at the process:
Reserved Parking
Apartment size or type may govern parking allocation. For example, a larger unit often gets more space. Generally, reserved parking is linked to apartment ownership. Usually, the parking space cannot be transferred or sold separately.
Open Parking
In most cases, parking is assigned on a first-come, first-served basis. However, many also use a lottery system to ensure fair allocation for all parties.
Other Considerations
Visitor parking spots generally come with time limits and specific rules about usage. Some societies prioritise parking allocation for long-term residents based on their length of residence. Certain societies require residents to own a vehicle to qualify for an allotted parking space. In some areas, tenants are legally entitled to use parking spots that are assigned to their landlord.
Read Also: Car Parking Space Size
RERA Guidelines for Car Parking in Apartments
Clear Parking Disclosure
Developers must clearly mention parking details in the approved project plans, including the type, number, and allocation of car parking spaces as per RERA guidelines for car parking.
Standard Parking Size as per RERA
Every parking space must follow minimum size norms set by local building bylaws and the National Building Code, defining the standard parking size as per RERA.
No Separate Sale of Open Parking
RERA prohibits selling open parking spaces separately, ensuring these spaces remain common areas as per RERA guidelines for car parking.
Fair and Transparent Allocation
Parking must be allocated without favouritism or bias under apartment parking rules and regulations.
Compliance with Safety Rules
Parking layouts must follow local authority approvals, including fire safety, access, and emergency regulations under car parking rules in residential areas in India.
Buyer Protection
By following these guidelines, RERA protects homeowners from misleading claims and guarantees proper parking facilities.
Visitor Parking Guidelines Under Apartment Parking Laws
Under apartment parking laws, visitor parking areas in residential complexes are clearly marked and reserved only for short-term use by guests. These spaces usually have time limits to prevent misuse and ensure availability for genuine visitors, as decided by the society or association.
Here’s a detailed breakdown of the rules:
1. Time Restrictions
To ensure spaces are available for short-term guests, many societies enforce time limits on guest parking. This can range from a few hours to a full day.
2. Designated Area
Usually, within a complex, visitor parking has specific zones separate from the resident parking spaces.
3. Prohibited Areas
Guidelines demand that fire exits, emergency access zones, common areas, and driveways should remain free of parked vehicles.
4. Permits and Registration
Some societies may need visitors to obtain temporary parking permits or register their vehicles.
5. Penalties
Society’s rules will determine the penalties (towing, fines, etc.) for violation of rules such as exceeding time limits or parking in restricted areas.
What are the Penalties for Parking Violations?
Parking violations in residential complexes can lead to a range of penalties. The housing society’s parking rules typically outline these. Here’s a closer look at the penalties:
Towing
The society may wheel-lock or tow a vehicle if it is blocking a pathway or is illegally parked. Locking fees or towing charges are charged to the owner of the vehicle in question.
Fines
Residential societies, depending on the duration and the type of violation, often impose monetary fines for unauthorised parking. A flat rate or hourly charge may apply for misusing visitor spots, blocking access, or parking in restricted zones.
Revocation of Parking Privileges
A resident’s parking privileges can be revoked by the society if they repeat or severely violate parking regulations. This may imply that the resident may lose their right to park within the apartment parking space for a specific period of time or permanently.
Other Consequences
Some societies may also charge late payment penalties if fines are due. In extreme cases, a residential society can take legal action against persistent offenders.
Read Also: Society Parking Rules for Tenants in India
What are the Builder Responsibilities?
RERA and Supreme Court rulings largely shape what specific responsibilities builders have regarding car parking in apartment complexes.
Let’s have a closer look:
Open Parking
Open parking spaces are a part of the common area, so the builders cannot sell them separately.
Covered Parking
Builders can sell covered parking spaces, such as those in stilts or basements. However, this must be clearly shown in the sanctioned plan and the sales agreement.
Transparency
Builders should inform the buyers about the allotment of parking spaces in writing.
Proportinality
Builders must keep the number of parking spaces in line with the number of apartments in the building.
Compliance with Layouts
Builders have to adhere to the parking layout that the authorities have approved.
Read Also: Parking Allotment Rules for Builder
What are the Parking Space Standards in India?
In India, parking space standards vary based on local regulations and on the type of building. However, the National Building Code (NBC) has guidelines for the number of spaces required and minimum parking space sizes, including the standard car parking size in apartments in India.
Here’s a detailed breakdown of the parking space standards:
Number of Parking Spaces
The guidelines usually require residential units to have one space each, with additional space (5%) for visitors. Commercial buildings (multiplexes, theatres, etc.) require parking depending on the usage and floor area.
Minimum Parking Space Sizes
Residential buildings:
- Two-wheelers: 1.25 sq. meters (minimum)
- Four-wheelers: 13.75 sq. meters (minimum), aligned with the standard car parking size in apartments in India
- Basement Parking: 28.0 sq. meters per equivalent car space
- Open Parking: 18.0 sq. meters per equivalent car space
- Covered Parking (Ground Floor): 23.0 sq. meters per equivalent car space
Commercial buildings:
While parking space depends on the building size, for commercial buildings, it’s usually 1 car space per 100 sq. meters, and for multiplexes, it is up to 3 car spaces for the same area.
Now you have a clear understanding of why knowing car parking rules in apartments is essential for maintaining harmony in residential complexes.
From RERA regulations to RWA enforcement, these guidelines protect both residents’ rights and common interests.
Whether you are a homebuyer, tenant, or current resident, knowing your parking rights, allocation processes, and penalty structures will help prevent disputes and ensure fair usage.
Read Also: Car Parking Rent in Apartment
Smart Car Parking Management with NoBrokerHood
NoBrokerHood smart parking management system helps apartment societies manage car parking efficiently while reducing disputes and improving security through automation. It provides a digital, rule-based solution for resident parking, visitor vehicle management, and real-time monitoring, making it ideal for residents, RWAs, management committees, and security teams.
Key Features of NoBrokerHood Parking Management System
| Feature | Benefit |
| Digital Vehicle Registration | Residents can pre-register vehicles through the app, eliminating manual records and errors. |
| Digital Parking Stickers | Easy vehicle identification with digitally issued parking stickers. |
| Real-Time Parking Availability | Live visibility of occupied and available parking spaces. |
| Secure Vehicle Verification | Security guards can instantly verify authorised vehicles at entry points. |
| Visitor Parking Management | Tracks visitor vehicle entry, exit time, and parking duration. |
| Smart Parking Allocation | Easily allocate, modify, or rotate parking slots digitally. |
| Violation Detection | Identifies unauthorised or incorrectly parked vehicles. |
NoBrokerHood simplifies parking management through automation, reducing manual effort and paperwork for societies. It ensures transparent, rule-based parking allocation while improving efficiency with faster gate operations. This results in a stress-free, well-organised parking experience for all residents.
All Solutions by NoBrokerHood:
FAQs
The Supreme Court has ruled that developers cannot sell stilt or open parking separately from flats. These parking spaces are common spaces and should be included in the price of the flat. As garage spaces are private property, developers can sell them separately.
Yes, with certain conditions, the Resident Welfare Association (RWA) can assign parking spaces. They can allocate and manage parking spots that are common areas within a complex. But they cannot sell or rent out spaces that any individual already owns.
Under RERA, it is defined that common areas include basements, open parking spaces, and other shared spaces, and that these spaces cannot be sold individually. RERA states that builders cannot sell open parking spots under any condition.
Before purchasing a flat, homebuyers should give proper stress to verifying car parking details, including the location, type, and whether the parking space is included in the sale agreement or not.
To ensure the parking layout (that is promised) matches the reality and there are no hidden clauses, a buyer should review the builder-buyer agreement and RERA registration carefully.
In case a resident parks in another resident’s designated spot, it may lead to potential penalties or other consequences. The specifics of that vary based on the rules of the apartment complex, but general outcomes include towing, fines, and even revocation of parking rights.
Yes, residential societies generally have restrictions on the types of vehicles that can enter their parking spaces. For example, common restrictions include vehicles without permits and commercial vehicles.