Parking Allotment Rules in Indian Housing Societies

Estimated reading time: 5 minutes

Parking allocation in housing societies can often be a source of confusion and disputes among residents. With the introduction of the Real Estate Regulatory Authority (RERA), RERA rules for parking allotment have made the process more regulated, aiming to bring transparency and fairness to this essential aspect of housing societies.

This blog will walk you through the key types of parking spaces, RERA rules for parking allotment, legal regulations, and solutions to common parking issues in housing societies.

---

Types of Parking Spaces in Housing Societies

Parking spaces in Indian housing societies are broadly classified into three types:

• Covered Parking:
  Usually found in basements or under stilt areas. Covered parking protects vehicles from weather elements and is often the preferred option.
  
• Open Parking:
  Located within designated areas of the housing society compound, open parking is convenient for easy access.
  
• Visitor Parking:
  Essential in larger societies, visitor parking is reserved for guests and is generally marked separately to prevent misuse.

Each of these types is typically allotted based on availability and society guidelines. RERA regulations ensure that allocation processes are fair and transparent, with residents clearly informed of the types and availability of parking spaces.

---

RERA Rules for Parking Allotment in Housing Societies

1. RERA Guidelines for Builders and Developers :

RERA mandates that developers disclose all information related to parking spaces, including the total number available and their type, before the sale of units. This transparency helps buyers understand their parking options upfront.

• Transparency Requirement: Builders must specify parking availability in the project’s sale agreement.
  
• Limited Parking Sales: RERA discourages the sale of open parking spaces as they are often considered common areas.
  
• No Hidden Costs: Builders cannot charge additional fees for parking spaces without explicit mention.

2. Allocation Process under RERA :

Under RERA, developers are required to allocate parking spaces on a first-come, first-served basis or based on customer preferences, ensuring fairness.

• Preference-Based Allotment: Parking spaces can be allotted according to residents’ preferences as long as they are available.
  
• Booking Transparency: Residents should have clear and accessible documentation regarding their allotted parking spots.

3. Limitations on Multiple Parking Spaces

To prevent monopolization, RERA limits the allocation of multiple parking slots per unit unless spaces remain unoccupied.

• One Slot per Unit: Societies are encouraged to allocate only one parking space per unit initially.
  
• Additional Spaces: Extra parking spots may be allocated only if there is sufficient availability after fulfilling primary resident requests.

---

Key Legal Rules and Regulations for Parking in Housing Societies

1. Parking as Common Property

Parking spaces, especially open parking, are generally considered common property within housing societies, and residents are entitled to fair access.

• No Individual Ownership: Under RERA, developers cannot sell open parking spaces as individual property; they must keep them available for common use.

2. Parking Purchase or Lease

In RERA-regulated societies, developers allot covered parking spaces with the purchase of a unit, but they usually lease them rather than selling them separately.

• Covered Spaces: Landlords often lease or rent these to residents alongside the unit, rather than transferring them as individual property.
  
• Legal Documentation: Residents should check the agreement to ensure clarity on ownership and rights over parking spaces.

3. Parking Charges and Maintenance Fees

Societies may charge nominal fees for parking to cover maintenance costs, but they must transparently outline these fees in the maintenance agreement.

• Fair Charges: Parking fees should be proportionate and used solely for maintenance or security purposes.
  
• Maintenance Contributions: Residents should be aware of what their parking fees contribute toward, such as upkeep, lighting, and surveillance.

---

Common Parking Issues in Housing Societies and Resolution Mechanisms

1. Disputes over Allotment

Parking conflicts often arise from overlapping or disputed claims. In such cases, residents can approach the society’s Resident Welfare Association (RWA) or RERA.

• RWA Intervention: RWAs mediate parking disputes and ensure fair enforcement of rules.
  
• Escalating to RERA: In unresolved cases, residents can approach RERA, which has authority over regulated societies.

2. Unauthorized Parking and Penalties

Unauthorized parking, especially in visitor spaces, is a common issue. Societies can impose fines or other penalties as a deterrent.

• Penalty System: Societies may charge fines for unauthorized parking to ensure compliance with allotment rules.
  
• Awareness Campaigns: RWAs often conduct awareness initiatives to educate residents about proper parking practices.

3. Intervention by RERA or Resident Welfare Associations (RWAs)

RWAs play a critical role in parking management, and residents can escalate unresolved issues to RERA if necessary.

• RWA Support: RWAs enforce rules and resolve minor disputes.
  
• Formal Complaints to RERA: RERA acts as the authority to address serious violations, protecting residents’ rights.

---

Impact of RERA Rules on Parking Allotment in Older Housing Societies

Older housing societies, especially those formed before the RERA Act, may have different parking regulations. RERA’s influence on such societies depends on state guidelines and willingness to adopt the new norms.

• Pre-RERA Societies: Some older societies may still follow traditional parking allocation systems.
  
• Encouraging Compliance: Societies should update their bylaws to reflect RERA’s fair allotment practices if feasible.

Conclusion

Parking allotment is a critical issue in Indian housing societies, and RERA has introduced guidelines to promote fairness, transparency, and efficient management of parking spaces. But, by understanding RERA rules and society by laws, residents can navigate parking-related issues more effectively and work with their RWAs to ensure compliance. 

Credit Dharma’s home loan experts with decades of experience can help you shape the plan for your home loan. Connect with Credit Dharma today for a free consultation call.

Frequently Asked Questions