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: 

1. Designated Parking Area 

One must park their vehicle within the designated parking spaces and must avoid encroachment on other slots. 

2. Blocking Access 

When parking, one’s vehicle should not obstruct entry/exit points, driveways, or fire lanes. 

3. Noise Levels 

One must maintain a peaceful environment by minimizing noise while retrieving or parking a vehicle. 

4. Cleanliness 

It is essential to avoid oil leaks, littering, and other forms of waste to keep the parking area clean. 

5. 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.

6. 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. 

7. Parking Fees 

Based on the general body meetings, societies can levy parking charges. 

8. 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 Parking in Apartments? 

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. 

Let’s take a closer look at the key regulations: 

1. RERA mandates that open parking spaces cannot be sold by builders as individual units. These are a part of the common spaces. 
2. One can sell covered parking spaces (for example, a garage) separately, but the seller must mention it clearly in the sales agreement. 
3. Open parking, visitor parking, and stilt parking are, by general classification, common areas. 
4. Visitors should have a minimum of 5% of the total parking space reserved for them. 
5. Builders must allocate parking spaces in proportion to the number of apartments and as per the sanctioned building plans.
6. Within the society, Resident Welfare Associations (RWAs) manage and regulate parking by enforcing rules, allocating spaces, and addressing disputes.
7. According to the National Building Code, a standard automobile parking space should be 6 meters long and 2.75 meters wide. 
8. If there are disputes concerning car parking rules in an apartment, residents can approach the RWA or seek legal recourse. 
9. To regulate parking, including vehicle types, parking duration, restrictions, or other relevant rules, housing societies can make their own bylaws. 
10. If a visitor is denied parking without a valid reason, they can challenge it legally. 

How to Resolve Parking Disputes 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. If that does not work, only then should one contact the RWA or property manager. And considering legal recourse is the last resort. 

1. 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. 

2. Resolution Involving RWA or Property Manager 

First, you need to review the society’s parking rules 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. 

3. 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.  

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: 

1. 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. 

2. 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.  

3. Other Considerations

Visitor parking spots generally come with time limits and specific rules about usage. Some societies prioritize 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. 

What are the Visitor Parking Guidelines? 

Within a residential complex, visitor parking guidelines usually allocate specific areas for visitor/guest parking. It often comes with time limits to prevent long-term occupancy. 

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: 

1. 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. 

2. Fines 

Residential societies, depending on the violation duration and type, often impose monetary fines for unauthorized parking. A flat rate or hourly charge may apply for misusing visitor spots, blocking access, or parking in restricted zones.  

3. 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. 

4. 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.   

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: 

1. Open Parking 

Open parking spaces are a part of the common area, so the builders cannot sell them separately. 

2. 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. 

3. Transparency 

Builders should inform the buyers about the allotment of parking spaces in writing. 

4. Proportinality 

Builders must keep the number of parking spaces in line with the number of apartments in the building. 

5. Compliance with Layouts 

Builders have to adhere to the parking layout that the authorities have approved. 

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. 

Here’s a detailed breakdown of the parking space standards: 

1. Number of Parking Spaces 

The guidelines usually require residential units to have one space each, with additional space (5%) for visitors. Commercial buildings (multiplexes, theaters, etc.) require parking depending on the usage and floor area.  

2. Minimum Parking Space Sizes 

Residential buildings: 

• Two-wheelers: 1.25 sq. meters (minimum)
• Four-wheelers: 13.75 sq. meters (minimum) 
• 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. 

Car Parking with NoBrokerHood

Managing car parking in apartments can be a challenge, but NoBrokerHood makes it effortless. With its smart parking management system, residents can pre‑register their vehicles, get digital parking stickers, and track available spots in real time.

Security guards can instantly verify vehicles, ensuring only authorized cars enter the premises. Whether it’s allocating parking slots, managing visitor vehicles, or preventing unauthorized parking, NoBrokerHood helps societies maintain order, enhance security, and keep the parking experience smooth for everyone.

Read Also: Car Parking Rent in Apartment

Frequently Asked Questions 

1. What was the Supreme Court’s ruling on car parking rules in flats?

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.  

2. Can the Resident Welfare Association (RWA) allocate parking spaces?

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. 

3. Are parking spaces included in the sale of a flat as per RERA?

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. 

4. What should homebuyers check regarding car parking before purchasing a flat?

Before purchasing a flat, homebuyers should give proper stress on 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. 

5. What happens if a resident parks in another resident’s designated spot?

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. 

6. Are there restrictions on the types of vehicles allowed in the society parking? 

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.