The Supreme Court Judgement on car parking in flats has clearly stated that open parking and stilt parking inside an apartment complex are shared facilities for everyone living there. This means builders cannot sell these spots separately or ask buyers to pay anything extra for them. The cost for these areas is already included in the overall price of the flat at the time of purchase.
But there is one exception. If the space is a properly enclosed garage with walls and a shutter that can be locked, then it can be sold as a separate unit under RERA. Even then, the buyer must be informed upfront, and the sale documents should clearly mention it as a garage, not a general parking slot.
The Supreme Court Judgement on Car Parking in Flats
The Supreme Court’s parking verdict (in the Nahalchand Laloochand vs. Panchali Co-op Housing Society case) brought clarity to how parking is treated:
- Common Amenities: Any open or stilt parking spots are common areas for all residents. They cannot be sold as independent units. In practice, this means these spaces must be handed over to society and shared by owners.
- Included in Flat Price: Builders must include the cost of common parking in the flat’s total price. Buyers should not pay extra for these spaces beyond what’s already in the agreement. Charging extra for an open or stilt parking slot is considered unfair.
- Enclosed Garages: A fully enclosed garage or basement parking (shown on the plan) is treated as a private spot. Developers may sell these separately if they are clearly defined in the building plan.
This ruling protects homebuyers: open parking is recognised as shared property, and any attempt to sell it separately is against the law. Builders can only charge extra for parking that is truly private (like a closed garage), and they must disclose all parking details upfront.
Latest Supreme Court Judgment: What can and cannot be sold?
Here’s the latest Supreme Court judgement on car parking in flats:
| Parking Type | Can It Be Sold Separately? | Why? |
| Open Car Parking | No | Common area belonging to society |
| Stilt Parking | No | Common area belonging to society |
| Enclosed Garage | Yes | Has walls & roof = private unit |
| Basement Parking | No | Accessory facility for all residents |
This remains the settled legal position under the latest Supreme Court judgement on car parking in flats, and it continues to be the reference point cited by RERA authorities and consumer courts across India.
The Landmark Case: Nahalchand Laloochand (2010)
Here’s the landmark Supreme Court judgement on car parking space:
What happened?
A developer tried to sell stilt parking spaces as separate "flats." The society challenged this in court.
What did the Supreme Court Parking rule?
- A parking space is not a flat or independent property
- Developers cannot sell open/stilt spaces separately
- These spaces are common areas shared by all residents
- The Bombay High Court set this precedent first, and the Supreme Court upheld it
Why does this matter to you?
If your builder charged you separately for parking that's not an enclosed garage, you may have legal grounds for a refund.
Recent Update: Bombay High Court on Parking Ownership and Society Membership (February 2026)
While the Supreme Court has not delivered a new ruling on car parking sales since the 2010 Nahalchand Laloochand judgement, the Bombay High Court issued an important related decision in February 2026. This judgment is relevant for anyone researching the latest Supreme Court judgement on car parking in flats.
In Amanul Ekramul Ansari vs. State of Maharashtra & Ors. (Writ Petition No. 1293 of 2026, decided on 2 February 2026), Justice Amit Borkar held that purchasing only a basement or parking space through a registered conveyance deed does not automatically make the buyer a member of the cooperative housing society.
The Court observed that a parking space or basement is not a "flat" under Section 154B(1)(13) of the Maharashtra Co-operative Societies Act, 1960. Therefore, ownership of a parking space alone cannot be the basis for society membership, even if the society does not respond to the membership application within the prescribed time.
Why does this matter for residents?
- Reinforces the Nahalchand principle: Parking and basement areas continue to be treated as common or non-flat areas, not independent units that confer society membership.
- Closes a legal loophole: Buyers cannot claim society membership or voting rights merely by purchasing a parking space or basement under the deemed membership provisions.
- Limited to Maharashtra: This ruling applies to housing societies governed by the Maharashtra Co-operative Societies Act. Residents in other states should refer to their respective cooperative housing laws.
This is the most recent authoritative judicial development on parking ownership in India.
Why Car Parking Rules Matter for Residents in Apartment Societies?
Understanding the Supreme Court judgement on car parking in flats helps residents and society decision-makers because:
- Clarity in rights: It prevents confusion over whether a parking slot is individually owned or part of the common area.
- Fair allotment: Societies and builders must allocate parking in a transparent way if it is part of a common area.
- Avoid hidden costs: It stops builders from charging extra or selling open parking separately beyond what a flat owner expects.
- Reduced disputes: When everyone knows what is shared versus what is private, there are fewer conflicts between residents, owners, tenants and the society committee.
- Support for society governance: The resident welfare association (RWA) or apartment owners’ association can base rules around parking, knowing the legal backdrop of the Supreme Court judgement on car parking in flats.
Read also: Society Parking Rules for Tenants
Can Parking be Sold Separately by the Owner?
Short answer: Mostly no.
- Once you own a flat, your parking allocation is linked to your unit
- You cannot sell the parking space to an outsider independently
- If you sell your flat, the parking goes with it
- Exception: Only if you own an enclosed garage (which is a separate registered property)
Key Provisions Under the RERA Act
Under the Real Estate (Regulation & Development) Act of 2016, parking is tightly regulated for transparency and fairness:
Disclosure of Parking Details
Developers must register the exact number and type of parking slots when filing the project with RERA. This means buyers know how many open vs. covered spaces exist. RERA allows covered parking in apartments to be sold separately, but treats open or stilt parking as common amenities.
No Separate Charges for Common Parking
The law explicitly forbids builders from charging extra for open parking. Any such slot must be included in the flat’s cost, and the society gets it after handover. This aligns with the Supreme Court ruling.
Sufficient Parking Facilities
RERA also requires builders to create enough parking for all flats. For example, one provision states open parking must be “common areas”, and that builders must provide parking in proportion to units. This ensures every apartment gets its fair parking share, and the builders maintain the parking until the society is formed.
RERA ensures that everything about parking is clear right from the start. The builder must show the exact parking plan and mention what you are paying for in the agreement. Most buyers are allotted one parking space along with the flat. If there are options for an additional private parking spot, it should be properly recorded and approved so residents know exactly what they are entitled to.
Car Parking Laws in India
Parking in apartments is also guided by other laws and codes beyond RERA:
- Model Building Bylaws (Central Guidelines): The Ministry of Housing’s model bylaws recommend about 2 equivalent car spaces per 100 sq. meters of built area. In practice, this is roughly one car slot per 3‑BHK and two per 4‑BHK apartment.
- State Apartment Acts: Many states (like Maharashtra and Delhi) have specific apartment or society acts. These empower the Resident Welfare Association (RWA) to set parking rules and fees. For example, the Maharashtra Ownership Flats Act lets the society decide how to allocate parking and charge maintenance. Generally, societies vote on parking fees in a general body meeting.
- National Building Code (NBC): The NBC provides minimum size standards for parking. For instance, each four-wheeler slot should be at least 13.75 sq. meters, and a two-wheeler spot at least 1.25 sq. meters. These dimensions ensure safety and order.
- RWA/Society Bylaws: When a majority of flats are sold, an RWA must form (usually within 90 days). The RWA’s managing committee can then lay out detailed parking bylaws (e.g. assigning numbers, issuing stickers). These rules, guided by higher laws, make sure parking is managed fairly among owners.
Together, these laws and guidelines ensure that parking is planned, regulated and fairly allocated. Whether from the Supreme Court judgement on car parking in flats, RERA, or local building norms, the goal is transparency and fairness in how parking spaces are used in housing societies.
Open Parking Rules in Your Housing Society
Once the builder hands over your flat:
- All parking spaces become the property of the Resident Welfare Association (RWA) or Cooperative Housing Society (CHS)
- Your society decides how to allocate spots:
- Fixed assignments (Flat A gets Spot 1)
- Annual lottery system
- First-come-first-served
- Based on seniority
Your rights as a resident:
- You get one allocated spot (or as per bylaws)
- You can use it or let a family member/tenant use it
- You cannot sell or rent it to outsiders
- If you move out, the spot reverts to the society
Types of Parking and Their Legal Status in Flats
The Supreme Court judgement on car parking space makes it clear that not every parking area in an apartment can be treated as private property. Whether a parking space can be sold separately depends on its type. The table below explains the legal status of each parking type:
| Parking Type | Saleable as a Separate Unit? | Legal Treatment |
| Open parking (uncovered) | No | Common area, part of society. |
| Stilt parking (under building) | No | Considered a common area under SC judgement. |
| Covered garage/basement | Yes | Depends on the plan, titled as a separate unit. |
Role of RERA in Resolving Parking Complaints
If a buyer or resident faces unfair parking practices, RERA Compliance provides a legal remedy:
Filing a Complaint
If a builder or society violates parking rules (like illegally selling common parking spaces), you can file a complaint with the local RERA. This involves submitting evidence like the sale agreement and any written notices.
Investigation and Action
Once the complaint is filed, RERA reviews the case. If they find that parking rules were violated, they can direct the builder to refund the amount paid for the parking space, along with interest.
Appeals and Follow-up
RERA tribunals can enforce their decisions. If residents are still not satisfied, they can appeal to higher authorities like the RERA Appellate Tribunal or the courts. RERA’s presence itself reminds builders that they must follow the parking rules, offering strong protection to homebuyers.
In practice, this means residents have clear steps if parking rights are violated: first discuss with the RWA, and if unresolved, escalate to RERA. The authority’s intervention has helped many obtain refunds or rectification when parking rules were breached.
How to Resolve Car Parking Disputes in Your Society?
Disputes around parking can be stressful, but by following a clear process, you can avoid many problems. Here’s a practical roadmap:
Steps to Resolve Car Parking Disputes for Residents & Societies
1. Review your purchase documents
Check your Agreement for Sale and allotment letter. See if a parking slot is mentioned and whether it is described as a common facility or exclusively for you.
2. Understand the type of parking
Identify whether the spot is open, stilt, basement or a fully enclosed garage. As stated in the Supreme Court judgement on car parking in flats, open and stilt parking areas are common areas and cannot be sold individually.
3. Collect the society’s documents
Ask the association or managing committee for the approved building plan and the society bylaws or rules related to parking. This helps you understand what is legally provided.
If the builder or promoter is involved and acted unfairly?
You can escalate to RERA. Cite that open/stilt parking cannot be sold separately and that your rights under the judgement are being violated.
Document everything
Emails, letters, meeting minutes, parking maps, vehicle details, maintenance bills- these help if you escalate the matter.
Ensure society evolves its bylaws/rules
The committee should update rules to reflect that parking slots are part of the common area and not individually owned (in many cases) and clarify charges and allocation.
If the builder has acted unfairly, escalate
When a builder wrongly charges for open or stilt parking, you can file a complaint with RERA. The law supports you because such parking cannot be sold separately and treating it otherwise violates your rights.
Document everything
Emails, letters, meeting minutes, parking maps, vehicle details and maintenance bills can help you if you escalate the matter.
Ensure society updates its rules
The committee should update rules to reflect that parking slots are part of the common area and not individually owned (in many cases) and clarify charges and allocation.
What if I own more vehicles and need additional parking?
Request to the Society
Each flat usually gets one parking spot as per the bylaws. If you have a second car, ask the society’s managing committee or RWA. If a parking slot is free, they may allot you a second space.
Possible Fee
Extra parking is generally handled as a rental or lease. For instance, a Bombay High Court order noted that a second parking space can be given on a yearly basis for an additional cost. In other words, you may pay a nominal annual fee or deposit as decided by the society’s rules.
Direct Sale
According to the Supreme Court’s ruling, you cannot simply buy an open parking slot from the builder beyond what was included in your flat’s price. Any additional parking must come from the society’s own allocation process. New slots are given by the RWA under its rules (often with a fee), not sold as extra flats.
Manage Parking Efficiently with NoBrokerHood
The Supreme Court judgement on car parking in flats makes it clear that open and stilt parking spaces are common areas and cannot be sold separately by builders. Once the society is formed, the managing committee is responsible for allocating and managing these spaces fairly and transparently. This is where NoBrokerHood can support societies by helping committees maintain organised parking records and streamline day-to-day parking administration, reducing confusion that often leads to parking disputes.
With NoBrokerHood, societies can:
- Maintain a digital record of resident vehicles using vehicle registration and parking stickers for easy identification.
- Track parking slot availability in real time, helping committees manage common parking spaces more efficiently.
- Manage visitor parking through pre-booking, temporary permits, and digital visitor parking records to prevent misuse of visitor slots.
- Verify vehicles at the security gate with automated entry and exit logs, creating a reliable record whenever parking-related questions arise.
- Monitor parking areas through CCTV and real-time alerts to improve security and respond quickly to unauthorised parking activity.
- Provide a centralised dashboard for the managing committee to oversee parking allocation and day-to-day administration.
- Generate parking usage reports that help committees review parking patterns and make informed decisions when allocating common parking spaces.
By maintaining clear digital records and structured parking information, NoBrokerHood helps societies implement parking policies more consistently and transparently.
All Solutions by NoBrokerHood:
