Reserve Parking in society complexes is subject to various rules and laws that every resident, tenant, and visitor should be aware of. In this blog, we will delve into topics such as two-wheeler parking rules, Supreme Court judgments on car parking, society parking rules for tenants, handicap parking laws, and much more. Stay informed to avoid any parking-related hassles in your residential complex.
Common Car Parking Issues in Indian Housing Societies and Their Solutions
Parking woes are a ubiquitous concern in Indian housing societies, often leading to conflicts and inconvenience for residents. To address these issues, here are some common parking problems and their potential solutions-
1. Unauthorized Parking
Problem: Members park additional vehicles in open spaces or guest parking without proper authorization.
Solution: If you have already been assigned a parking space based on your apartment size and it can accommodate an extra two-wheeler, consult the Managing Committee (MC) before doing so. Unauthorized parking should be avoided, and additional parking fees may apply. Society may also impose fines for violations of parking rules.
2. Guest Parking
Problem: Guests and visitors are directed to park on the streets instead of using designated guest parking areas, leading to security concerns.
Solution: Following the Building Management Committee (BMC) guidelines, housing societies should allocate a certain percentage of space for guest parking. Ensure that security guards are well-informed about visitor parking rules and follow the apartment’s bylaws.
3. Unmarked Spaces
Problem: Lack of markings or structure for parking spaces can create confusion and disputes among members.
Solution: Housing society bylaws typically require the marking and numbering of parking spaces, distinguishing between bicycle, two-wheeler, and four-wheeler spaces. This helps maintain order and clarity.
4. Unfair Allotment of Parking Spaces
Problem: In societies with limited parking spaces, some residents with multiple vehicles occupy more spots, leaving others with no parking options.
Solution: The MC typically allocates parking on a first-come, first-served basis to eligible members who own vehicles. If there are available spots, the same member may be granted additional parking spaces annually, unless there are members without any assigned parking.
5. Tenant Parking
Problem: Tenants may face restrictions on parking if there are already many permanent residents with vehicles.
Solution: If the landlord is eligible for a parking space, the tenant should have access to it. It is the landlord’s responsibility to ensure the tenant has parking. Only if the landlord is ineligible for parking may the tenant be asked to pay parking fees, unless the landlord agrees to cover these costs.
6. Limited Number of Parking Spots
Problem: Insufficient parking spaces force residents to park outside the building vicinity.
Solution: In cases where there are more vehicles owned by eligible members than available parking spaces, the society can raise additional funds through fees. Alternatively, a rotating parking system can be implemented, giving everyone a fair opportunity to park inside, even if it means taking turns.
Addressing these common parking issues requires adherence to housing society bylaws and open communication with the MC and fellow residents. Clear rules and fair enforcement can help create a more harmonious parking environment within Indian housing societies.
Parking Regulations in Housing Societies: A Closer Look
The absence of standardized parking regulations in housing societies has given rise to an array of unwritten norms and indiscriminate parking habits. When the number of cars exceeds the available parking spaces, maintaining order and fairness can be challenging. This is precisely why housing societies establish parking bylaws. In this article, we will delve into the rules governing car parking in housing societies.
Parking Laws in Housing Society
Although there are some general guidelines prescribed by the National Building Code(NBC) about parking space requirements, Parking Laws in a housing society can vary based on the locality’s rules and regulations.
For instance, in Maharashtra, the Maharashtra Ownership Flats Act (MOFA) formulates these rules. Residential societies in Maharashtra have the authority to formulate customized parking rules for tenants and residents, aligning with the MOFA’s guidelines. Here are some of their legislations.
In 2016 the Ministry of Housing and Urban Affairs (MoHUA) model building by-laws for Parking laws in societies. These guidelines are as follows.
- Adhere to a maximum speed limit of 10 km/hr when driving within the housing society premises.
- Ensure your vehicle displays the designated “Entry Sticker.” To acquire this sticker, you’ll need to submit a copy of your RC and complete an application form.
- Seek permission from the Managing Committee (MC) if you intend to have visitors park on or near the society premises. Additionally, notify the security personnel if your guests plan to stay overnight.
- Always park your vehicle in the designated areas and follow the specified parking regulations. Violating these rules can lead to fines for residents in Indian residential areas.
- Avoid parking in front of the main gate, elevator exit zones, parks, or any other areas that might obstruct general access for fellow residents.
Adhering to these parking rules is essential for harmonious living in housing societies, ensuring equitable access to parking spaces and maintaining overall safety within the community.
The Role of RWA in Parking Rules in Residential Areas in India
Residential Welfare Associations (RWAs) play a vital role in ensuring the smooth implementation and adherence to parking rules within residential areas in India. Here’s a closer look at the role of RWAs in managing parking regulations:
1. Formation and Establishment
According to the Real Estate Regulatory Authority (RERA) Act, when the majority of flats in a housing society are booked, the society is required to establish an RWA within 90 days. The RWA is a non-profit organization created to safeguard the well-being and interests of the residents in the community.
2. Managing Committee
RWAs are typically managed by a Managing Committee that is registered under the Societies Registration Act of 1860. This committee is responsible for overseeing various aspects of the housing society, including the enforcement of parking rules.
3. Administrative Function
Parking allocation and management within the housing society are considered administrative functions of the Managing Committee. This means that the RWA, through its Managing Committee, has the authority to assign parking spaces to registered residents.
4. Registered Residents
Parking spaces are typically allocated to registered residents of the housing society, which includes homeowners, their families, and associate members. These individuals are considered legitimate users of the parking facilities.
5. Lay-Out Plan
Parking spaces within the housing society are usually assigned specific numbers based on a Lay-Out Plan (LOP) approved by the municipal or civic body. This plan helps ensure organized parking and prevents disputes over parking space ownership.
6. Issuance of Parking Stickers
RWAs or the Managing Committee are responsible for issuing parking stickers to residents. These stickers serve as a form of identification and ease of access control. Residents with parking stickers on their vehicles can enter the society premises without undergoing frequent security checks.
RWAs in residential areas in India have a significant role in managing and enforcing parking rules and regulations. They work to ensure that parking spaces are allocated fairly, that residents adhere to the established rules, and that parking facilities are effectively administered for the benefit of the entire community. Cooperating with these parking rules helps maintain order and harmony within housing societies nationwide.
Car Parking Laws in India: Understanding Regulations in Residential Areas
In India, car parking laws in residential areas are governed by various legal frameworks and regulations to ensure fairness and clarity in the allocation and management of parking spaces.
Here is an overview of the key laws and rules related to car parking in apartment and residential complexes across the country:
1. RERA Act of 2016
The Real Estate Regulatory Authority (RERA) Act of 2016 significantly regulates parking in residential projects. Under this act, builders are allowed to sell covered garage spaces separately.
However, open or stilt parking spaces are considered common amenities and cannot be charged separately. These areas become the property of the housing society upon registration, issuance of an Occupation Certificate by the municipal corporation, and the builder’s handover.
2. Supreme Court Judgement on Car Parking in Flats
The Supreme Court of India upheld the 2011 Bombay High Court verdict in the Nahalchand Laloochand Pvt Ltd vs. Panchali Cooperative Housing Society case. Initially, builders were permitted to sell parking spaces as independent units to outsiders, but this led to objections from society residents. The Supreme Court’s decision reaffirmed that parking spaces are common facilities provided by society and cannot be sold separately.
3. Ministry of Housing and Urban Affairs
The Ministry of Housing and Urban Affairs has established model building by-laws that specify the provision of parking spaces in residential areas. These by-laws generally require 2 Equivalent Car Spaces (ECS) per 100 square meters of residential floor area. This typically translates to one parking space per 3BHK unit and two spaces per 4BHK unit. While the requirement is standardized, each state’s Development Control Regulations may have specific provisions for parking space provision.
4. Apartment Acts in Various States
Many states in India, such as Maharashtra and Delhi, have their own Apartment Acts that empower the Managing Committee (MC) of housing societies to formulate their parking rules. These rules can include regulations related to parking fees, which are determined during General Body meetings and may vary based on vehicle types. Society members are usually obligated to pay these fees.
5. National Building Code
The National Building Code provides guidelines for parking regulations in residential areas in India. According to these regulations, one parking space for a four-wheeler should be at least 13.75 square meters in size, and as per two-wheeler parking rules in a housing society, it should be at least 1.25 square meters.
Parking laws are vital for harmonious living in a housing society. Remember, parking is a common amenity, not personal property. Potential issues include unauthorized parking, unfair allotment, and visitor parking confusion. NoBrokerHood can help streamline all aspects of society management including Reserve Parking in Society, ensure fair allocation, and provide a clear visitor parking system, enhancing the residential experience.
Frequently Asked Questions
A. No, as per the RERA Act, open or stilt parking spaces are considered common amenities and cannot be charged separately.
A. Parking spaces in housing societies are common property not owned by RWA members or residents.
A. Yes, if available, you can request a second parking space. However, approval is subject to availability and society rules.
A. If the landlord is eligible for a parking space, the tenant should have legal access to it. Otherwise, the tenant may be asked to pay parking fees.
A. No, parking spaces are typically reserved for registered residents and cannot be sold separately.