Don’t wait till possession: 4 parking checks every homebuyer must do early

Parking space within an apartment complex is a hot topic in real estate, often causing arguments between homebuyers and developers that end up in courts and RERA forums. The problem with parking arises from both the actual size of the parking area and the legal issues surrounding how these spaces are allocated to homebuyers.

Advocate Rajeev K Jha, Founder & Director, Sarve Permits & Legal Advisory, says most homebuyers make the mistake of checking the parking details only at the last moment , often after taking possession and already moving into their new apartment.

Jha also shares his experience in the Bengaluru real estate market where some builders make homebuyers so desperate by delaying the possession of an apartment, that they overlook or settle for less when it comes to the parking space, sometimes completely disregarding the spot allocated to them.

Recently a homeowner from Mohali had faced a similar situation and had complained to Punjab RERA about the small, inadequate parking space that was allotted to him. He mentioned that to park a car at a 90-degree angle, you need at least a 6-meter radius, which isn’t provided since there’s only a 3-meter space available. However, he lost the case in Punjab RERA.

Zahir Tapia, Associate, ALMT Legal, says that the RERA Regulatory Authority has categorically stated that the RERA Act does not empower it to insist on a 5% reserved guest/EWS parking quota, equal parking for all flat owners, or particular dimensions and area for parking slots.

Thus homebuyers must be aware that unless such conditions are built into the sanctioned plan, local building byelaws, or the buyer’s agreement, they cannot be imported into the project via a RERA complaint.

According to Tapia, the RERA authority gave importance to the sanctioned plans and OC/CC and therefore homebuyers should scrutinise the sanctioned layout and parking scheme early, rather than assuming that they can later use RERA to secure a different configuration.

Tapia says: “For homebuyers, the message is to insist on clear, written parking terms in the agreement, raise disputes promptly and choose forums and remedies carefully.”

Also read: Bought a flat but parking too small and far away? Homebuyer filed case but lost in RERA; here’s why

Parking size reference

According to Jha, homebuyers’ grievances often arise because the "standard" size used by developers does not account for modern vehicle usage or structural obstructions.

Here’s a size table for reference for parking requirements:



Source: Sarve Permits & Legal Advisory

Key considerations for homebuyers- what can they do about it?

According to Jha, there are many instances where the last mover pays a high price of the flat or apartment being satisfied on the completion of the project and ready to move in. But by the time they move in, all the best parking spaces are allocated by builders to first movers either by negotiating for extra price or fighting with them, because first movers know there is a better option available.

To mitigate these parking issues, homebuyers can take the following steps during the pre-purchase phase and long before getting possession of the unit:

• Physical verification: Demand a layout plan that specifically marks the dimensions of the allotted parking slot and more specifically the position of pillars.
• Reviewing the agreement: Homebuyers should ensure that the Schedule of Amenities or the Sale Agreement explicitly mentions the type of parking (covered/open) and more specifically the number of parking slots.
• Checking local bylaws and NBC: As a homebuyer you should verify if the specific real estate project complies with National Building Code (NBC) standards for minimum parking requirements. Even though NBC guidelines are not mandatory, the NBC continues to serve as an important benchmark for assessing whether a project meets reasonable standards of safety, functionality, and habitability.
• Check basement parking size in reality, not just on paper: Basement parking or mechanised parking are mostly ignored as homebuyers mostly do not check the authenticity of the basement. The basement of the residential project are not only used for parking but also for many other supporting utilities amenities & facilities for apartment like, STP, WTP, ETP, electrical switches & metering and sub-stations panels, fire-fighting systems, fire tanks & high diesel storage tanks, fire water tanks reservoir, drinking water storage, waste disposals and waste converters area, storage and so on and so forth.

Jha says: “Here it won’t be wrong to say that the above utilities amenities & facilities area consumes a lot of space in the basement parking area and directly or indirectly pressurises builders to squeeze the parking lot by reducing the space size by accommodating all parking units allocated to homebuyers.”

Abhiraj Gandhi, Partner at Khaitan & Co, says that to avoid parking related disputes, homebuyers must treat parking as a matter of legal and technical due diligence rather than an incidental amenity.

Gandhi says: “The agreement for sale should clearly identify the parking slot, its number, location, and nature (covered, open, or mechanical), instead of leaving allocation open ended. Buyers should also review the sanctioned building plans to verify not just the existence of parking, but its dimensions, access pathways, and turning radius to ensure actual usability.”

Gandhi further points out that you should not place much weight on marketing representations or verbal assurances, such as proximity to a specific tower should be avoided unless expressly captured in contractual documents. In addition, buyers should examine RERA disclosures and applicable local building regulations to confirm compliance.

Ultimately, the key consideration is not merely whether parking is allotted, but whether it is capable of being used in a safe, convenient, and practical manner.

Parking space size disputes

According to Jha, in almost all residential projects across India, at least 10% of the project’s units’ size are under disputes. Out of these 10% of parking disputes 50% of disputes are registered as complaints in their specific State RERA.

Jha states: “In fact almost 5-10% of total RERA complaints filed are registered for the parking issues.”

According to Jha, many homebuyers are forced to take “parking space on rent” in their society of vacant or unused parking space in their society project.

The reasons for doing so are either due to parking space size constraint or many parking spaces are encroached or misused by keeping utilities material ( used or unused) in parking space by builder or AOA, making homebuyers to forcefully to relocate somewhere else to park their vehicle by avoiding fight with AOA or builders and take up any legal actions.

Why parking space size remains a major pain point for homebuyers

Jha highlights the issues and mismatch in expectations which is creating parking disputes among builders and homebuyers.

1. The discrepancy in physical dimensions

Many homebuyers find that while they were promised a "car park," the actual space delivered is barely wide enough to open a car door.

• Standard vs. reality: While standard dimensions for a car park are often cited around 2.5m x 5m, many developers squeeze these dimensions to fit more slots into the basement.
• The SUV factor: With the rising popularity of SUVs and larger vehicles, "standard" slots often prove insufficient. Homebuyers frequently find their vehicles protruding into common driveways, leading to friction with neighbors.

2. Encroachment by pillars and utilities

A common grievance is the presence of structural pillars, electrical conduits, or plumbing pipes within the designated parking area.

• Usable Area: A pillar can reduce a 2.5-meter width to 2.1 meters, making it functionally impossible to park a mid-sized vehicle without risking damage.
• Turning Radius: Even if the slot itself is the correct size, the approach angle or the width of the driveway often makes maneuvering into the spot a daily struggle.

3. Legal and regulatory friction

In many jurisdictions, specifically under RERA (Real Estate Regulatory Authority) guidelines in India, the definition of what constitutes a "valid" parking space is a frequent source of litigation:

• Open vs. covered: Supreme Court rulings and RERA guidelines generally state that open parking spaces are part of "common areas" and cannot be sold by the developer. However, some developers often charge for "covered" or "stilt" parking, leading to confusion over ownership rights.
• Allotment transparency: Homebuyers often complain about the lack of transparency in the allotment process, where preferred or larger spots are held back or sold at a premium.

4. Stack and puzzle parking

To meet municipal requirements in high-density areas, developers increasingly use mechanical "stack" or "puzzle" parking.

• Maintenance Issues: These systems are prone to mechanical failure and require high maintenance.
• Size Limitations: These systems have strict height and weight limits. A homebuyer who buys a larger vehicle later may find it literally does not fit into the mechanical slot they own.

The issue of parking space size is no longer a mere "amenity" dispute; it has evolved into a high-stakes legal battleground. As urban density increases and vehicle dimensions (especially SUVs) grow, the gap between what developers promise and what they deliver has widened significantly.