When buying a flat or villa, one common doubt among homebuyers is about open parking spaces. Can a builder sell open parking? Are open parking spaces part of common areas under RERA? Let’s clear the confusion.
RERA Definition of Open Parking Areas
According to Section 2(n) of the RERA Act, common areas include open parking spaces.
This means:
- Open parking areas are common property.
- They cannot be sold to individual allottees.
- All residents have equal rights to use them.
Why Open Parking Cannot Be Sold
Before the implementation of RERA (Real Estate Regulation and Development Act), many builders charged extra for open parking spaces. RERA ended this practice to ensure transparency and fairness.
Key reasons:
- Open parking is for collective use of residents.
- Charging separately for open parking is illegal under RERA.
- Prevents disputes and promotes equal access to shared spaces.
Types of Parking Under RERA
Open Parking – Located in open spaces, part of common areas, cannot be sold.
Covered Parking – Includes stilt parking or garage spaces, can be sold.
Basement Parking – Located underground, can be sold with proper approval.
Rights of Homebuyers Under RERA
- No extra charges for open parking spaces.
- Equal access to common parking as per society rules.
- Transparency in builder-buyer agreements.
- Legal protection against unfair parking charges.
How to Protect Your Rights
- Check the agreement – Ensure open parking is not listed as a paid feature.
- Verify RERA registration of the project.
- Consult RERA experts if you face illegal charges.
Final Verdict
Under RERA open parking rules, open parking is a part of common areas and cannot be sold to individual homebuyers. Always be aware of your property rights to avoid unfair practices.
Need clarity on RERA compliance?
Contact Glit Edge – Decoding RERA at 7030055550 / 7262880888 or visit www.glitedge.com.
