RERA and Parking: Understanding the Good practices of Parking allotment, management in Group Housing Schemes
In the rapidly evolving urban housing, the dream of owning an apartment often extends beyond the four walls of a home. For many residents, a designated parking/s space has become as valuable as the apartment itself. Yet, despite its significance, parking remains one of the most misunderstood, disputed, and poorly managed aspects of group housing projects across India.
From arbitrary allotments and multiple sales of parking spaces to lack of transparency in allocation of car parking spaces and disputes between promoters, resident welfare associations, and owners/residents, parking related grievances continue to dominate discussions in apartment communities. What begins as a seemingly simple issue of vehicle accommodation often escalates into prolonged conflicts affecting community harmony, property values, and the credibility of developers, in few cases land in courts.
The challenge lies not merely in the availability of parking spaces but in the absence of clear understanding of the legal framework governing parking rights, ownership, allotment, transfer, and management. While the Real Estate (Regulation and Development) Act, 2016 (RERA) has brought greater transparency and accountability to the real estate sector, the practical implementation of parking related provisions in the act is limited references continues to witness significant variations. While the legal and regulatory framework governing parking has evolved through various notifications, circulars, and judicial pronouncements, the absence of consistent enforcement at the project level has resulted in widespread confusion, mismanagement, and avoidable conflicts among stakeholders.
The Management Committee in apartment association is expected to focus on critical aspects of community living, including water management, electricity, sanitation, waste disposal, safety, and security. However, in few apartment complexes, a disproportionate amount of time and effort is consumed by parking related disputes. With committee members serving limited tenures, often for just a year, they inherit unresolved issues from their predecessors and pass them on to their successors, creating a cycle of conflict that undermines effective community governance.
As cities become denser and vehicle ownership continues to rise, parking can no longer be treated as an afterthought in project planning or a commercial opportunity for exploitation. It must be viewed as a critical component of project governance, resident welfare, and sustainable community living.
This article seeks to examine the legal position under RERA, judicial pronouncements, industry practices, and practical challenges surrounding parking allotment and management in group housing schemes. More importantly, it explores the good practices that developers, resident welfare associations, and apartment owners can adopt to ensure fairness, transparency, and long-term harmony in the management of one of the most valuable common resources in modern residential communities parking.
The policies and regulations governing parking in group housing schemes are primarily derived from the applicable
a. Building Bye-laws,
b. Fire Safety Regulations,
c. the National Building Code (NBC),
d. the Apartment Ownership Act,
e. the Deed of Declaration, and the Bye-laws of the Association.
These statutory provisions prescribe the requirements relating to the number and location of parking spaces, vehicular movement, driveways, mechanical parking systems, fire safety measures, and other operational aspects associated with parking management.
Upon completion of the real estate project and the subsequent handover of common areas and facilities, the governance and management of parking largely come under the purview of the Apartment Ownership laws, the Deed of Declaration, and the Bye-laws of the Apartment Owners’ Association or Resident Welfare Association (RWA). These documents play a important role in regulating the use, allotment, transfer, and management of parking facilities within the community.
Furthermore, with Governments actively promoting the adoption of Electric Vehicles (EVs), the installation of EV charging infrastructure is increasingly becoming an important requirement in residential developments. This has created additional responsibilities for promoters, RWAs, and management committees to ensure the provision of adequate charging facilities while addressing critical concerns relating to electrical safety, fire prevention, emergency response mechanisms, security, and liability management. As the number of EV users continues to grow, parking management is no longer confined to space allocation alone but has expanded technology integration, sustainability, and enhanced safety standards within residential communities.
Readers may refer to the Public Parking Policy of Karnataka and other related regulatory frameworks through the following link –
https://dult.karnataka.gov.in/assets/front/pdf/Parking_Policy_2.0.pdf
Prior to the implementation of the Real Estate (Regulation and Development) Act, 2016 (RERA), differences / disputes relating to parking allotment, pricing, ownership, and utilization were common between developers/promoters and homebuyers/allottees. Ambiguities regarding the allotment of parking spaces often led to disputes, differences or litigation.
RERA has improved transparency and accountability in real estate transactions by mandating the disclosures of details of the Plan Sanction, Parking Areas, List of Parking, Location, Measurement in order to achieve the objective of RERA and safeguarding the interests of all stakeholders including allottees – one can visit RERA Portal, login to the respective project, view the details of the Parking Plan copies, Parking Details –
While RERA does not contain extensive standalone provisions exclusively dedicated to parking, it establishes a basis that, together with judicial precedents and state specific building bye laws and regulations, governs the treatment of parking spaces in real estate projects especially in group housing scheme of development (apartment or row house projects)
Reference of Parking in the RERA Act 2016, Karnataka RERA Rules 2017
| Section 2(n)
“Common areas” mean
|
(iii) the common basements, terraces, parks, play areas, open parking areas and common storage spaces;
|
| Section 2(y)
“garage” means
|
a place within a project having a roof and walls on three sides for parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas; |
| Section 2(zq)
“sanctioned plan” means
|
the site plan, building plan, service plan, parking and circulation plan, landscape plan, layout plan, zoning plan and such other plan and includes structural designs, if applicable, permissions such as environment permission and such other permissions, which are approved by the competent authority prior to start of a real estate project; |
| K RERA Rule 3 – Information and documents to be furnished by the promoter for registration of project | ( C) the number of parking slots available in the said real estate project
|
| K RERA Rule 15 –
Details to be published on the website |
Rule 15((1)(B)(iii)(c) mandates the promoter to publish the details of the parking, number of slots available etc
|
| K RERA Rule 3(2) – Form A
Application for Registration of Project |
the number of open parking areas and the number of covered parking areas available in the real estate project |
Parking facilities within a real estate project are generally categorized as –
| Open Parking Space | Parking areas located in open portions of the project premises without any structural enclosure – Eg., around set back areas, around drive ways etc |
| Covered Parking Space / Basement/Stilt Parking | Parking spaces protected by a roof or building structure but not completely enclosed by walls. Parking areas situated in basement levels or stilt floors of residential or commercial buildings. |
| Mechanical or Automated Parking | Parking systems utilizing mechanical devices for vehicle storage and retrieval, commonly found in high density urban projects. |
| Garages | Generally, in row housing or villament projects, the parking space is provided as an integral part of the respective dwelling unit and is enclosed within the boundaries of the individual property, often with walls or other demarcations. |
Some of the issues prevalent relevant to parking space at the Group Housing Scheme –
| Sale/Allotment of Open Parking Spaces as Independent Units | Developers/promoters treat open parking spaces as separate saleable assets and charge separate amounts from homebuyers for their allotment. Buyers were often led to believe that they were acquiring ownership rights over such spaces, despite these areas forming part of the common areas of the project unless these are specifically mentioned for allottees.
This practice resulted in numerous disputes and litigation, ultimately leading to the landmark Supreme Court judgment in Nahalchand Laloochand Pvt. Ltd. v. Panchali Cooperative Housing Society Ltd., which held that open parking spaces are part of the common areas and cannot be sold independently. However, one should consider the scheme of the project and plan sanction issued by the planning authorities. If the plan sanction issued by the planning authorities specifically permits to allot the open parking spaces to the allottees, the same may be permitted. E.g., projects not having a basement or stilt parking area |
| Lack of Transparency in Parking Allocation | Promoters to disclose the total number of parking slots available in a project or the basis of allocation. As a result –
a) Parking spaces were allotted arbitrarily. b) Prime parking locations were often reserved for select purchasers. c) Multiple buyers were sometimes promised the same parking slot. d) Allocation criteria were changed at the discretion of the developer. |
| Multiple Sale or Double Allotment of Parking Spaces | Few developers allot the same parking space to more than one purchaser or altered allocations at the time of possession. Since parking details were often absent from sale agreements and approved plans available to buyers, disputes became difficult to resolve. |
| Excessive and Unregulated Charges | Few promoters frequently imposed separate charges for parking spaces without a clear legal basis. In many cases, parking charges were not transparently disclosed during booking and were demanded at later stages of the transaction, leaving buyers with limited bargaining power. |
| Ambiguity Regarding Ownership and Usage Rights | Homebuyers were often unclear whether they were acquiring ownership of the parking space or merely a right to use it. The absence of standardized documentation created confusion between individual rights and common area rights, resulting in disputes among residents, associations, and developers after possession. |
| Deviations from Approved Building Plans | In certain cases, sanctioned parking areas were converted into commercial spaces, storage rooms, offices, or other revenue generating facilities by developers. Such deviations reduced the availability of parking for residents and led to prolonged legal disputes. |
| Allotment of Car Parking Spaces Beyond the Sanctioned Plan Permission | One of the most common yet overlooked issues in group housing projects is the allotment of car parking spaces beyond those approved in the sanctioned building plan. In an attempt to satisfy market demand or maximize revenue, some promoters create, market, or allot additional parking spaces in areas that were never designated or approved for parking by the competent authority. |
Parking related disputes were among the most common grievances faced by homebuyers. The absence of a uniform regulatory framework and inadequate disclosure requirements often resulted in ambiguity regarding parking rights, ownership, and allocation.
RERA sought to address these issues by introducing mandatory disclosures, defining open parking areas as part of common areas, requiring transparency in project documentation, and establishing specialized regulatory authorities for dispute resolution. Karnataka RERA has gone a step further by mandating disclosure of the number of parking slots available in a project and requiring specific parking details to be incorporated into allotment letters and sale agreements.
To gain a comprehensive understanding of the legal principles governing parking rights and obligations, it is essential to examine the landmark judgments and orders issued by the Supreme Court, various High Courts, Consumer Forums, and RERA Authorities across the country. These judicial and regulatory pronouncements have played a significant role in clarifying the status of parking spaces, the rights of allottees, the obligations of promoters, and the treatment of parking areas as common facilities. An analysis of these decisions provides valuable insights into the interpretation of statutory provisions and the practical resolution of parking-related disputes within real estate projects.
Nehanshu Kishorbhai Tank vs. M/s Krisala Enterprises
MahaRERA Complaint No. CC12502288
Order dated: 2 April 2026
The complainant purchased a flat in the respondent’s project under an Agreement for Sale that included the allotment of one covered car parking space. Upon possession, the complainant alleged that the developer failed to provide the agreed parking and instead allotted a parking space on a ramp, which was unsafe and not in accordance with the sanctioned plan. The complainant also raised concerns regarding defects in the flat.
Maharashtra RERA pronounced
1. The promoter was directed to allot and hand over one covered car parking space strictly in accordance with the Agreement for Sale and the sanctioned plan
2. Parking allotted on the ramp would not be treated as compliance unless specifically accepted by the allottee.
3. The promoter was directed to complete the possession formalities after rectification of defects and proper parking allotment.
Sandeep G.W. & Jonali Das v. Signature Dwellings Pvt. Ltd.
Karnataka RERA Order dated 21 July 2023
Complaint No. CMP/220408/0009335
The complainants purchased a residential apartment from the respondent-promoter with the legitimate expectation of receiving all amenities and facilities promised under the sale transaction including a designated car parking space. Subsequently, disputes arose regarding the allotment and adequacy of the parking facility provided by the promoter.
Karnataka RERA directed the promoter to
1. Allot and provide a car parking space to the complainants in compliance with the Bye laws.
2. Transfer the common areas and facilities to the Association of Allottees upon its formation, in accordance with the provisions of RERA.
3. Facilitate compliance with all statutory obligations concerning common amenities and project management.
By reading the provisions along with the judgements under various authorities, an allottee is entitled to receive the parking facility if promised under the Agreement for Sale or project disclosures, in accordance with the sanctioned plans and applicable regulations. At the same time allottees are required to utilize the allotted parking space responsibly comply with the rules of the association or society and avoid encroachments upon common areas or parking rights of other residents. The rights and obligations relating to parking have increasingly become the subject of regulatory scrutiny and judicial interpretation making it essential for both developers and allottees to clearly understand their respective responsibilities to minimize disputes and ensure harmonious use of common facilities within a project.
| Responsibilities of Promoters | Rights of Homebuyers |
| Ensure Disclosure as per the Sanction Plan –
Provide complete information regarding parking inventory during project registration as per the Sanction plans |
Access Project Information
Verify parking details available through project disclosures and K-RERA filings. Viz., Sanction plan, take support of professionals if need be |
| Adhere to Approved Plans
Parking facilities must conform to sanctioned building plans approved by competent authorities |
Receive Clear Allocation
Obtain precise information regarding parking slot number, type, size, and location |
| Avoid Misrepresentation
Parking facilities should not be represented in a manner inconsistent with project approvals or RERA disclosures. |
Participate in Common Area Management
Exercise rights through the apartment association after project handover. |
| Maintain Documentary Evidence
Parking allocations should be supported by approved layout plans and contractual documentation. |
a. The Promoters shall adhere to Sanctioned plan and avoid Conversion of driveways, setbacks, open spaces, or circulation areas into parking slots.
b. Marking parking spaces in fire access routes or emergency movement corridors.
c. Encroachment upon common areas intended for recreation, landscaping, or utility services.
d. Creation of additional parking slots by reducing the dimensions of approved parking spaces or manoeuvring areas.
e. Allotment of parking spaces in areas not reflected in the sanctioned plan or occupancy certificate.
Steps and Precautions to be taken by the RWA While Taking Over the Project – Parking Related Matters (only indicative) –
| Obtain and Verify Approved Parking Plans, The Association should obtain copies of:
a) Sanctioned building plans. b) Revised/modified plans, if any. c) Occupancy Certificate (OC). d) Fire Department approvals. e) Parking layout drawings approved by the competent authority. f) Architect Certificate stating the marking of the car parking as per the sanction plan. |
The RWA should verify / Jt inspection:
a) Total number of approved parking spaces. b) Type of parking (open, covered, stilt, basement, mechanical). c) Visitor parking provisions. d) Parking reserved for persons with disabilities. e) EV parking and charging infrastructure, if approved. |
| Verify Parking Allotment list
a) Parking allotment register. b) List of apartment owners and corresponding parking allotments. c) Copies of parking allotment letters. d) Details of unsold inventory, if any. e) No parking space has been allotted to multiple purchasers. f) No parking space has been created beyond the sanctioned plan. g) Parking allotments are properly documented. |
EV Charging Infrastructure – With increasing EV adoption, the Association should assess:
a) Existing EV charging points. b) Electrical load capacity. c) Metering arrangements. d) Safety systems. e) Fire protection measures. f) Necessary approvals |
To conclude and as you finish reading this article, take a moment to revisit your own project. Is your parking space part of the sanctioned plan? Are parking allotments properly documented? Are fire access routes, visitor parking, and common areas being used as originally approved?
Promoters should ensure strict compliance with statutory requirements, approved plans, and regulatory disclosures relating to parking, while adopting transparent and equitable parking allotment practices. Parking-related matters continue to be among the most litigated issues in real estate projects, often arising from ambiguities in documentation, deviations from sanctioned plans, inadequate disclosures, or differing interpretations of parking rights. Therefore, proactive compliance, transparency, and adherence to industry best practices are essential not only to mitigate litigation risks but also to safeguard the promoter’s brand reputation, maintain stakeholder trust, and ensure the long-term success of the project.
Given the complexities involved, promoters, apartment owners, and RWAs should seek appropriate professional guidance to ensure compliance and avoid future disputes. After all, a parking space may appear ordinary, but its legal and regulatory implications can be far more significant than most stakeholders realize.
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This article is written by CA.Deena Davis (deena.davis@vnv.ca) and vetted by CA.Vinay Thyagaraj (vinay@vnv.ca), partner at M/s.Venu & Vinay, Chartered Accountants. The readers can write to them for any clarification.
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