Can a builder sell open parking spaces separately under RERA?

No. Under RERA (Real Estate Regulation and Development Act, 2016) and the landmark Supreme Court ruling (Nahalchand Laloochand Pvt Ltd vs Panchali Co-operative Housing Society), open parking spaces are part of common areas and cannot be sold separately by developers.

Can a flat owner rent out their allotted parking spot to another person?

Yes. A flat owner holding exclusive allotment of a stilt or covered garage bay can license it to another resident or outside commuter under a mutual Leave & License agreement, subject to informing the society management.

Apartment Society Parking Rules in India

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).

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.

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Before you let or rent a space in a housing society

Rules differ between societies and states, and each society's bye-laws and management committee decide what is allowed. The points below are the questions that usually come up; check your own society's rules for the final answer.

Can an owner let their allotted space to someone outside the building?

Some societies allow it freely, some require the committee's approval, and some only allow letting to other residents. Ask the secretary or management committee and, if possible, get the permission in writing.

Who is responsible for the outside car owner?

Usually the flat owner who lets the space. Societies often ask for the car owner's name, phone number and vehicle number, and may issue a sticker or access card.

Do maintenance charges change?

Some societies charge a separate parking or non-occupancy fee. Agree between space owner and car owner who pays it before you start.

What about visitor or common parking?

Open common areas and visitor bays generally belong to the society, not to individual flats, so they should not be let by an individual owner.

A simple process that avoids disputes

Owner checks the society rules and asks the committee if approval is needed.

Space owner and car owner agree the rent, deposit and notice period, and sign a short agreement.

Space owner gives the society the car owner's details and gets the sticker or card.

Car owner follows the building's timings, speed limits and security procedures.

When the arrangement ends, the owner informs the society and collects the sticker or card back.

Apartment & Housing Society Car Parking Rules in India