All You Need to Know About Apartment Parking Rules in India

Introduction:

One of the most important factors influencing home buyers is the availability of good amenities, with a parking area being a priority. The spread of high-rises has brought parking into the limelight, becoming an everyday competition in residential societies. The lack of uniform laws by all concerned governing parking rules in societies has multiplied unwritten laws and indiscreet behavior from everyone involved. How does one ensure sanity and fair treatment in an environment where there are too many cars and too few parking spaces? For this reason, these societies have car parking bylaws. Read on for details on car parking rules in a housing society.

Understanding Apartment Parking Types

Understanding the various types of car parking in housing societies is necessary to efficiently manage the available space, provide comfort to the residents, and maintain a good working environment in society.

 

1) Open Parking

 These are parking spots located in open spaces within the society’s premises. Open parking, while cheaper, offers no protection against adverse weather, endless, shall we say, rain, hot weather, or dust. Despite that innocent shortcoming, parking in open spaces is common amongst residential complexes because of the ease of access.

2) Covered Parking

Covered parking would be in basements, stilt spaces, or special structures built within the society. Here, parking would afford a resident good protection against the sun, rain, or harm. Ideal would be ideal for a resident wishing to care for their vehicles. They are often more expensive than open parking, but provide added safety and longevity for the vehicle.

3) Stack Parking 

Stack parking is a mechanized, multi-level parking system that enables the use of limited parking space to optimally suit car storage. Stack parking is often used in urban housing societies and consists of a set of platforms that allow multiple vehicles to be stored vertically. This mechanized solution is a smart way to save space while also observing RERA and local municipal rules and regulations. However, you may have to wait a little while for your vehicle to be retrieved.

4) Visitor Parking  

Visitor parking is a space reserved solely for the parking of guest vehicles. Visitor parking has associated signage, rules, and access control/guards. Visitor parking should be checked or supervised such that visitor parking spaces do not confuse resident parking spaces or create chaos in visitor parking systems within the society.

 

RERA Rules Regarding Parking Allotment 

 

• Minimum Parking Space: Developers are required to provide a minimum parking space. These requirements are typically based on the number of minimum parking spaces or the number of minimum parking spaces based on the size of the apartment, floor unit, etc. And also ensuring that there will be ample parking space based on the minimum number of parking spaces.
• Carpet area basis: Most provisions on minimum parking spaces are calculated based on the carpet area – the area of a flat that is usable with the apartment. Therefore, if the apartment is larger, it follows that any parking requirement will continue to remain relative to the unit size.
• Separate Allotment and Charges: Parking space is separate from the apartment pricing, and parking space is based on allotting parking space and developing charges for such entitlements. Developers must clearly define the agreements detailing parking spots and fees, allowing buyers to make informed choices.
• No Unilateral Changes: Developers cannot alter parking allotments without the homebuyer’s consent, guaranteeing stability and fairness.

 

Ruling of The Supreme Court on Parking in Flats

• The judgments of the Supreme Court are significant in settling disputes concerning parking in residential societies, as they lay down legal directions that serve the principle of clarity and fairness.
• Legal Clarity – These judgments were intended to prevent arbitrary enforcement of parking rules with parking spaces in various societies.
• Protection of Owners – These judgments protect owners from the whims of arbitrary parking allocation, as well as prevent misuse without obedient rights of use.
• Transparency and accountability – they bind builders to set out the terms of parking in the agreement, so there are no questions.
• Preventing conflict – By setting down these precedents in law, these judgments reduce the potential conflict between residents and developers.
• Fair and Equitable Parking Allocation – This will provide for fair and equitable distribution of parking spaces, which is good for harmony in the community.

 

Legal Background of Car Parking Rules in Flats

Regulation of car parking is a social necessity in India, so as to make fair use of parking spaces for the residents of housing societies. For homeowners to protect their rights and avoid unnecessary disputes, it is important to appreciate the law on car parking.

Overview of Vehicle Parking Laws:

• Parking regulations stem from the National Building Code (NBC), the guidelines provided by the Ministry of Housing and Urban Affairs (MoHUA), and state-specific laws that apply to individual apartments. For example,
• NBC specifies that a four-wheeler parking spot must be a minimum of 13.75 sq. m., while a two-wheeler spot must be a minimum of 1.25 sq. m. 
• MoHUA committees recommend that a plan should include 2 Equivalent Car Spaces (ECS), which is 1 ECS for every 100 sq m. of built-up area. 
• Any state, including but not limited to Maharashtra and Delhi, allows Resident Welfare Associations (RWAs) to formulate and impose whatever parking rules the RWA deems appropriate; allowing RWAs to manage parking ensures order and transparency within a community where there is residential parking.

 

Housing Society Parking Rules

Resident Welfare Associations (RWAs) are non-profit organizations whose members are shareholders that represent the interests of the residents of housing societies. RERA indicates that when the last payment is received for the majority of the flats booked in the society, an RWA must be formed within 90 days. 

Some of the important parking rules that the RWA will manage:

• The common parking areas are the property of the society, not residents.
• The parking spots are allocated by the Managing Committee or General Body – nothing is individually owned.
• Registered residents and respected or registered family members are the only ones who can have parking allocated.
• The parking allocation shall have to follow the Layout Plan (LOP) that is approved by the local authorities.
• The parking tags we utilize, which every registered resident is given, are to identify their accessibility to parking, allow for other vehicles to leave, or cause security concerns.

 

Parking Rules in Residential Areas

To maintain smooth traffic flow and prevent disputes, typical parking regulations include:

• Places to park: Park only in your own space, which is usually designated by your apartment, or in a designated space available on a first-come basis.
• No blocking: Do not block driveways, entrances, or walkways.
• Visitor parking: Visitor parking spots should be used by visitors, while residents should park in their designated parking area, if available.
• Compliance with the law: Parking should be under the Motor Vehicles Act, municipal rules, and the rules of the society.
• Equitable distribution: RWAs must provide parking for their residents and are subject to being transparent and fair in the allocation of parking spaces in the society.
• Security checks: The society must provide some means of lighting, CCTV, and maintenance of the parking area.
• Penalties: The society can impose penalties for unauthorized parking or parking in an assigned area.

 

Disputes and Legal Remedies

Wrongful allocation of parking slots, non-allocation of parking spaces to the residents, and illegal sale of parking slots are some of the common parking issues that occur in residential societies. Dispute Resolution through the RERA authority, the Consumer Forum, or the Civil Court. Issues tend to arise between what society members are entitled to and what the builder requires in terms of parking. Residents should always insist on fair and clear arrangements and accountabilities, and a clear and transparent process for the allocation of parking spaces in the Deed (evidenced by appropriate documentation). Good documentation provides accountability and can prevent or resolve disputes efficiently.

 

Tips for Apartment Owners and Residents

• Make sure you have all the parking details in writing in your purchase.
• Try to make an appearance at or contribute to meetings, particularly reserving the right to promote fair, reasonable parking policies.
• No parking in Visitor or Accessible spaces.
• Apply parking stickers or permits to avoid having your car towed or your access denied.
• “Remember to address any parking grievances through official complaint mechanisms, like in an RWA or the managing committee.

 

 

Conclusion

Apartment parking is (or should be) a common resource, managed by law and the commons. It’s good to know your rights and role in preventing and playing a part in healthy, peaceful living. A good parking policy that is well managed increases safety and convenience, and the management of harmony issues amongst all residents makes for a better place to live.