Parking spaces often spark disputes among homeowners, especially regarding whether builders can sell them separately and what rights buyers hold. To address these issues, the Real Estate (Regulation and Development) Act, 2016 (RERA) provides clear definitions.
Two Types of Parking Under RERA
Section 2(n)(iii) of RERA identifies open parking spaces as common areas, alongside basements, terraces, parks, and play areas. Since these are part of the undivided common property of the entire project, developers cannot sell or allocate them as private property.
Section 2(y) defines a ‘garage’ as a roofed structure with walls on three sides for vehicle parking. It excludes open or uncovered spaces. Unlike open parking, garages can be legally sold separately to buyers.
Transparency Requirements
RERA mandates that promoters declare the exact number and size of parking spaces when registering the project. The allotment letter must specify the number, type, size, and location of the parking space. Additionally, the parking layout plan approved by the planning authority should be annexed to the allotment letter or sale agreement.
For open parking areas, ‘size’ refers to length and breadth per vehicle. For garages, covered parking in basements, podiums, stilts, or mechanised parking, size includes length, breadth, and vertical clearance.
Reducing Disputes
The RERA framework ensures transparency in parking allocation, protecting homebuyers and minimising conflicts over parking rights.
About the Author
The TOI Real Estate Desk is a team of journalists and market analysts who decode the property landscape for The Times of India readers, covering trends, policies, and market movements to help buyers make informed decisions.
