Under the Real Estate Regulation and Development Act, 2016 (RERA), builders cannot sell open or stilt parking spaces as separate units; only covered parking (basement, garage) may be sold if clearly disclosed. The builder must also show total parking availability in sanctioned plans and allow fair allocation among flat owners.
Why Parking Allotment Rules for Builders Matter?
Many residential societies face friction when parking spaces are limited or when what was promised during purchase does not match reality. The topic of parking allotment rules for builder is crucial because parking is often one of the most contested amenities.
Buyers feel cheated if a builder sells parking separately, though it should be a common amenity. The rules under RERA try to bring transparency so that you, as a resident or decision‑maker in a society, know what you are entitled to. When builders and societies follow the rules, misunderstandings are fewer, the society runs more smoothly, and allocation decisions become clearer.
Read Also: Car Parking Rules in Apartments
Types of Parking in Residential Societies
Understanding the different types of parking in residential complexes is essential for both homebuyers and residents. Each category has its own rules regarding ownership, usage, and saleability, which are often governed by housing regulations and approved building plans.
| Types of Parking | Description | Can Builder Sell Parking under RERA? |
| Open Parking | Located in common areas (including stilt parking). Cost should be included in the flat price. | Cannot be sold separately |
| Covered Parking | Basement or garage parking spaces must be part of the sanctioned plan and clearly mentioned in the sales agreement. | Can be sold ( if approved and specified) |
| Visitor Parking | Reserved for guests, limited in number and designated separately to maintain order. | Cannot be sold |
| Multiple Vehicle Parking | Additional slots for residents owning more than one vehicle, allotted if available, often for an extra charge. | Can be allotted but not sold |
What Do the Rules Say?
Here are the key points of what the rules require from a builder regarding parking:
Open and stilt parking cannot be sold separately.
These are treated as common areas and must be allocated fairly, not as units for sale.
Covered parking (basement, garage, podium) can be sold separately
It can be sold only when the builder has shown it in the sanctioned plan and has clearly mentioned it in the sale agreement.
Disclosure of total parking availability.
Builders must disclose in the brochure and agreement the total number of parking slots, type, location and how many are being sold/allocated.
Fair allocation among allottees.
If parking is part of common amenities, the builder/society must allot it fairly, e.g., one slot per flat if possible.
Standard size requirements and compliance with local bylaws.
Parking space dimensions and design must align with local bylaw requirements (example: 4-wheeler minimum 13.75 m²).
Unfair trade practices are not allowed.
If a builder forces you to pay extra for a parking spot that should have been part of the flat sale (for open/stilt parking), you may be protected under consumer law and RERA.
Read also: Parking Problems and Solutions in Housing Societies
Can Builders Sell Parking Under RERA?
A builder cannot sell open or stilt parking. Covered parking may be sold if explicitly listed in the agreement and sanctioned plans. If a builder attempts to sell open/stilt parking separately or charges extra for common areas, residents can raise complaints with RERA.
Steps Residents and RWAs Can Take Before Purchase
Before you commit to a flat, here are practical steps to check and avoid surprise issues with parking:
Inspect the sale agreement
Ensure that if parking is being sold separately, the details like slot number, type, and cost are clearly mentioned.
Check the sanctioned plan
Confirm the number and type of parking spaces (open, stilt, covered) are as approved by local authorities.
Ask for clarity on open vs covered parking
If the broker or builder says “you’ll get parking”, ask whether it’s open (common) or covered (may be sold).
Check if extra charges are being imposed
If you are asked to pay a hefty extra amount for open parking that was supposed to be part of your flat, raise a flag.
Review the society bylaws / RWA rules
After possession, check how parking will be allotted and maintained by the society.
Keep documentation
Maintain copies of layout plans, parking details, and communications so you have clarity for later.
Taking these steps can help ensure your parking rights under the parking allotment rules for builders are protected.
Read Also: Supreme Court Judgement on Car Parking in Flats
Why Must Builders Follow These Rules?
Builders must follow RERA Rules for Parking Allotment for three main reasons:
Legal compliance
RERA and state rules set out what builders can and cannot do, and non‐compliance can lead to penalties.
Buyers’ rights and trust
When parking is misrepresented, it leads to disputes, complaints, and reputational damage.
Society harmony
Parking disputes can become constant sources of conflict in a residential community; proper allotment prevents this. Thus, following the rules is not only about legal safety but also about good community management.
What To Do If the Builder Violates the Rules?
If you suspect the builder has not followed the proper parking allotment rules for builder, you can take these actions:
Check your agreement & plans
Confirm if parking was mentioned or if it should have been part of the common area.
Contact the RWA / society committee
Begin a dialogue with the RWA, as they handle common area management and can represent residents.
File a complaint with the local RERA authority
If the builder has sold open/stilt parking illegally, you can approach RERA with evidence.
Approach the consumer forum or court
For unfair trade practices or misrepresentation.
Keep a record of correspondence and payment receipts
These help substantiate your claim.
Common Misconceptions
- Misconception: “A Builder can sell any parking slot separately.”
Clarification: Only covered garages/basements can be sold if clearly shown; open/stilt parking cannot. - Misconception: “If I paid extra for open parking, it’s fine.”
Clarification: If open/stilt parking is being charged separately, that may violate the parking allotment rules for the builder and may be subject to complaint. - Misconception: “Society cannot enforce allocation rules.”
Clarification: RWAs can set transparent parking policies as long as they comply with agreements and RERA rules.
Automate Parking with NoBrokerHood's Parking Management System
Managing parking allocations manually often leads to disputes, unclear records, and violations of RERA rules - exactly what this blog covers. As a resident or RWA member implementing fair parking allotment, you need a transparent, documented system that keeps everyone accountable. NoBrokerHood's Parking Management System is built to help your society enforce parking rules effortlessly, maintain digital records, and eliminate the chaos of manual allocation.
How NoBrokerHood Helps You Stay Compliant & Fair:
- Centralized Parking Registry - Keep digital records of all parking slots (open, covered, visitor, multiple vehicle) with clear slot numbers, types, and allottee details, ensuring transparency that satisfies both residents and RERA requirements
- Fair & Transparent Allocation - Systematically allocate parking slots according to RWA rules and ensure every resident gets equal priority, reducing disputes and complaints about favoritism
- Automated Billing & Charges - Clearly track and manage parking charges (including additional fees for second vehicles) so residents understand exactly what they're paying for, preventing confusion on "hidden costs"
- Compliance Documentation - Maintain digital proof of proper allocation, which protects your society in case of RERA complaints or disputes with residents
- Instant Access for Residents - Residents can view their allocated slots and parking policies through the app, reducing back-and-forth queries to the RWA
- Visitor Parking Management - Separate visitor parking from resident slots with automated tracking, preventing overcrowding and maintaining order
Stop struggling with parking chaos, enroll your society with NoBrokerHood today and make parking management as smooth as your community deserves.
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