Car Parking Rules in a Housing Society: Allotment, Second Cars and Disputes
After handover, open and stilt parking belong to the society, and its general body sets the rules. In a Maharashtra co-operative, the committee allots slots first come, first served, draws a yearly lot when cars outnumber slots, and charges the rate the general body fixes. Only a garage sold in your agreement stays with you. Since September 2024, central guidelines let you fit an EV charger in your slot.
Key takeaways
- Open parking is a common area under RERA and cannot be sold; a garage (roofed, walled on three sides) can be, if the agreement discloses it.
- Maharashtra's model bye-laws: parking rules are adopted by the general body, allotment is first come first served, and a yearly lot decides when demand exceeds slots.
- Parking charges are payable on every allotted slot whether you use it or not; second-car rates are set by the general body, often higher.
- Tenants step into the owner's slot. A Maharashtra society can levy non-occupancy charges of at most 10% of service charges, but not separate parking fees on tenants.
- Maharashtra societies must issue an EV charger NOC within seven days if safety norms are met, and a Supreme Court PIL on refusals has been pending since February 2026.
Who owns the parking once the builder leaves
Section 2(n) of RERA lists "open parking areas" among common areas, and section 2(y) defines a garage as a place with a roof and walls on three sides, which excludes open parking. That split decides almost every parking argument. Open and stilt slots pass to the society with the other common areas; a garage the builder sold you in the agreement stays with your flat.
In Nahalchand Laloochand v. Panchali Co-operative Housing Society (2010) the Supreme Court held that stilt parking under MOFA is a common area, not a saleable "flat". Our note on hidden charges when buying a flat covers the purchase side; this guide covers what happens once the society runs the slots.
| Type of slot | Can the builder sell it? | Who controls it after handover | Can you transfer it separately? |
|---|---|---|---|
| Open parking | No: common area under RERA s.2(n) | Society or association, by allotment | No; the society re-allots |
| Stilt parking (MOFA buildings) | No, per Nahalchand | Society, by allotment | No; model bye-laws bar sale or transfer |
| Garage or covered slot sold in the agreement | Yes, if disclosed | The flat owner | Only with the flat, in most agreements |
| Visitor parking | No | Society; reserved under local building rules | No |
How allotment works
The Maharashtra model
Maharashtra's model bye-laws are the most detailed in the country. Under bye-law 78, the general body frames the society's parking rules, and the committee allots available slots first come, first served. A member may not sell or transfer an allotted slot. Only a member who actually owns a vehicle qualifies. When eligible members' cars outnumber slots, the committee allots by lot every year, so nobody holds a scarce slot indefinitely.
Everywhere else
An association formed under a state apartment ownership act, or an RWA registered as a society, sets parking through its own bye-laws and general-body resolutions. The logic is the same: one slot per flat first, surplus by rotation or lottery, and nothing given away permanently that the builder never sold. Our guide to forming an RWA and taking over from the builder covers the handover documents, and the companion piece on terrace rights deals with the other common area people fight over.
What societies charge, and the second car
Every member pays parking charges on each slot allotted, at the rate the general body decides, whether the car is parked there or not. Beyond that the law says little, so rates vary widely.
Published figures do not agree. One society-management source says most societies charge Rs 100 to Rs 500 a month for a single vehicle, rising for a second or third. Another puts Mumbai open parking at Rs 1,500 to Rs 2,000 a month and covered or stilt slots at Rs 3,000 to Rs 3,500, with Rs 5,000 to Rs 15,000 in Bandra, Powai and South Mumbai; those higher figures look closer to market parking rent than to member charges. A figure of Rs 1,000 a month for a member's second car appears in one reported society decision. Treat all of these as ranges and check your own society's resolution.
Worked example: a 120-flat society with 100 slots
- Allotment: 110 members own a car for 100 slots, so the model bye-laws send it to a yearly lottery, and ten members wait for next year's draw.
- Charges: say the general body sets Rs 500 a month for a first car and Rs 1,000 for a second slot where one is spare. A member with two slots pays (Rs 500 + Rs 1,000) x 12 = Rs 18,000 a year.
- Collection: 100 slots at Rs 500 raise Rs 500 x 100 x 12 = Rs 6,00,000 a year, which should be a separate head in the accounts.
Tenants and visitors
Tenants
A tenant uses the slot allotted to the owner; the society cannot insist that a rented flat's slot sits empty. In Maharashtra, a society may add non-occupancy charges of up to 10% of service charges for a let flat, under a state circular of 1 August 2001. It may not levy separate parking or amenity fees on the tenant on top of that, and cannot charge a tenant more than an owner for the same slot. Put the parking slot number in your rent agreement clauses so there is no argument later.
Visitors
Building rules usually reserve a share of parking for visitors, and in Mumbai the municipality links compliance to the occupation certificate. The current Mumbai figure is commonly cited as 5% of parking space, down from the 25% (city) and 10% (suburbs) that older rules required; which figure applies depends on when your building was approved. Members should not turn visitor slots into private second-car parking.
EV chargers in your slot
This is where the law has moved fastest. The Ministry of Power's Guidelines for Installation and Operation of Electric Vehicle Charging Infrastructure, 2024, issued on 17 September 2024, say residents of group housing societies may install a private charger in their own designated parking space, with the distribution company supplying power through the resident's existing meter or a separate sub-meter.
- Maharashtra: a Co-operative Commissioner's circular of 21 November 2022 requires societies to issue an NOC within seven days, if the Chief Electrical Inspector's safety advisory is followed. In Amit Dholakia v. State of Maharashtra (writ petition 1580 of 2024, order of January 2025), the Bombay High Court told the state to finalise conditions for chargers in co-operative societies and asked the Registrar to consider directing bye-law amendments.
- Supreme Court: on 24 February 2026 a bench led by the Chief Justice issued notice on a PIL by a Greater Noida resident whose NOC request had sat undecided since May 2025. The PIL seeks enforcement of the 2024 guidelines across states.
- Delhi: one source gives a residential charging tariff of Rs 4.5 per kWh. At that rate, 150 kWh a month costs 150 x Rs 4.5 = Rs 675. The per-charger grant in Delhi's 2020 policy is not clearly carried into its 2026 policy, so confirm before counting on it.
A society can still ask for a licensed electrician, a load check and fire-safe cabling. It should not refuse because it "has no policy".
When parking goes wrong: disputes and forums
- Maharashtra co-operative society: complain to the Deputy Registrar first; a dispute over the society's business, including allotment, goes to the Co-operative Court under section 91 of the Maharashtra Co-operative Societies Act, 1960.
- A slot the builder sold you: if the builder or society refuses a garage written into your registered agreement, the state RERA authority or a consumer commission can enforce it.
- RWAs and apartment associations elsewhere: start with the association's own grievance process, then the civil court on property rights; builder-side disputes can go to RERA or the consumer commission.
Parking charges should show as a separate line in your society maintenance charges.
Where society parking rules fall short
The rules protect fairness, not convenience. A two-car family in a slot-short society may wait years for a second slot, and a lottery can move you each year. Paying extra for a "covered" slot helps only if the agreement names it as a garage. And EV rights still depend on a committee acting within days; if it does not, you are into registrar complaints or court.
Frequently asked questions
Can a housing society charge me for parking I don't use?
Yes, if a slot is allotted to you. Maharashtra's model bye-laws make a member pay parking charges on every allotted slot at the rate the general body fixes, whether or not a car is parked there. If you no longer need the slot, surrender it in writing so the committee can re-allot it and stop billing you.
Is my tenant entitled to use my parking slot?
Yes. The slot is allotted to the flat, and the tenant uses it in your place. In Maharashtra the society can add non-occupancy charges of up to 10% of service charges for a let flat, but it cannot bill the tenant a separate or higher parking fee. Write the slot number into the rent agreement.
Can the society refuse me permission for an EV charger?
Not arbitrarily. The Ministry of Power's September 2024 guidelines let residents install a private charger in their own slot, and Maharashtra requires an NOC within seven days if safety norms are met. The society can ask for a licensed installer and a load check. A refusal on the ground of having no policy has been challenged in the Bombay High Court and a Supreme Court PIL.
How are slots shared when there are more cars than spaces?
Under Maharashtra's model bye-laws, allotment is first come, first served, and when eligible members' cars exceed the slots the committee allots by lot each year. Only members who own a vehicle qualify. Other associations usually follow a similar rotation set by general-body resolution. A permanent giveaway of a scarce common slot is open to challenge.
Where do I complain about an unfair parking allotment?
In a Maharashtra co-operative, go to the Deputy Registrar, then the Co-operative Court under section 91 of the state's societies act. If the dispute is about a garage the builder sold you under a registered agreement, the state RERA authority or a consumer commission can enforce it. Elsewhere, use the association's grievance process, then the civil court.
If a flat's parking terms are part of what you are weighing, Realty Hunting can help you check the agreement and the society's rules before you buy.
