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Bengaluru parking rules: What housing society residents should know about parking rights and regulations
With parking disputes rising in Bengaluru apartment complexes, residents need to understand parking rights and Karnataka Real Estate Regulatory Authority rules
Parking disputes in Bengaluru’s apartment complexes are becoming increasingly common as rising vehicle ownership puts pressure on residential layouts that were not designed to accommodate growing demand. From disagreements over visitor parking to penalties imposed by Resident Welfare Associations (RWAs), confusion continues over what housing associations can legally enforce.
Legal experts say many residents are unaware of the distinction between ‘common parking areas’ and ‘exclusive parking slots’, often triggering disputes among flat owners, tenants, builders and RWAs.
Experts advise residents to verify whether the parking space allocated by the builder is clearly mentioned in the registered sale deed, allotment letter or association bye-laws. In the absence of proper documentation, disputes frequently emerge after RWAs take over maintenance and management from developers.
Common parking refers to shared parking spaces meant for use by all residents or visitors, while exclusive parking is a specific slot allotted to a particular flat owner for personal use, experts said.
Also Read: Who pays for vehicle damage if the basement parking area gets flooded? What residents should know
Apartment parking spaces: What belongs to whom?
Under the apartment ownership and real estate laws, parking areas in housing projects are generally classified into open parking, covered parking and stilt parking. The legality of ownership and allocation depends on how these spaces are defined in sale agreements and approved building plans, said advocate Vittal BR.
The Supreme Court, in multiple rulings, has held that open and stilt parking areas form part of a housing society’s common areas and cannot be sold separately by developers unless permitted under applicable state laws and project approvals. In many Bengaluru apartment projects, however, developers continue to allot specific parking slots to buyers through separate agreements or internal allotment systems, he pointed out.
Experts say residents should first verify whether the parking slot mentioned by the builder is part of the registered sale deed, allotment letter or association bye-laws. If not clearly documented, disputes can arise later when RWAs take over maintenance from developers.
In several apartment communities across Bengaluru, RWAs also regulate second-car parking, visitor parking and commercial vehicle parking due to limited space availability. Associations often impose monthly fees for additional vehicles or restrict parking in common driveways and fire-access zones.
Legal experts note that RWAs cannot arbitrarily confiscate or permanently block a resident’s designated parking slot without following due process under the association's bye-laws.
Vittal said that apartment buyers should also examine sanctioned building plans and occupancy certificates before purchasing a flat, as parking-related disputes often arise years after possession is handed over. In several cases, residents later discover that parking slots allotted by developers do not match approved layouts or were carved out of common areas meant for circulation and emergency access.
Also Read: Can homebuyers claim parking rights if no such space is mentioned in the sale agreement?
Karnataka RERA orders on parking
In an earlier order, the Karnataka Real Estate Regulatory Authority (KRERA) had clarified that apartment developers must provide parking spaces in compliance with Bengaluru civic norms and cannot arbitrarily reduce parking dimensions while charging buyers.
The authority observed that “each of the stilt car parking spaces provided for motor vehicles should not be less than 18 square metres (3m x 6m)”, referring to Section 16(a) of the BBMP Building Bye-Laws, 2003. The ruling came while examining complaints about inadequate parking allocation and the way developers were charging homebuyers for those spaces.
KRERA further pointed out that the Real Estate (Regulation and Development) Act, 2016 mandates that apartments be sold based on carpet area. The authority observed that the Act does not specifically permit developers to separately commercialise or profit from common areas in a manner inconsistent with approved plans and statutory provisions.
