1. RERA & Supreme Court Rulings on Parking Spaces
One of the most frequent disputes in Indian housing societies revolves around whether parking slots can be sold independently by developers.
Landmark Supreme Court Verdict (Nahalchand Laloochand vs. Panchali Co-op Society):
The Supreme Court of India ruled that developers have no right to sell open parking spaces independently. Open parking is part of the common areas of the building that automatically transfers to the Co-operative Housing Society (CHS) or Apartment Owners Association (AOA).
The Supreme Court of India ruled that developers have no right to sell open parking spaces independently. Open parking is part of the common areas of the building that automatically transfers to the Co-operative Housing Society (CHS) or Apartment Owners Association (AOA).
Under the Real Estate (Regulation and Development) Act, 2016 (RERA):
- Covered Parking / Garage: Can be allotted or bundled as part of the apartment sale agreement.
- Open Parking: Defined strictly as common area amenity that cannot be monetized by the builder.
2. Can a Flat Owner Rent Out an Unused Parking Slot?
Yes. If an apartment owner has been allotted a specific stilt, basement, or marked parking bay, they retain the exclusive right to use that space.
When the owner does not own a car or has an extra parking slot, they can legally license the parking spot to:
- Fellow Residents: Neighbors within the same apartment complex who have a 2nd car.
- Nearby Commuters & Office Workers: Verified vehicle owners seeking safe off-street daytime or overnight monthly parking.
3. Society Bye-Laws & Security Protocol
To maintain society security and prevent unauthorized entry:
- Written Parking Agreement: Execute a written monthly Parking Leave & License agreement with tenant ID proofs.
- Society Notification: Submit vehicle registration details to the society management office / security gate for entry stickers or RFID tags.
- Designated Parking Only: Ensure the tenant parks strictly within the designated slot numbers without obstructing common driveways.