Parking disputes are increasingly becoming a major issue in residential housing projects across India. Many homebuyers assume that a parking space is included with the purchase of a flat, only to later discover that no such mention exists in the sale agreement. This often creates confusion regarding ownership rights, parking allocation, and usage within the housing society.
Recently, MahaRERA clarified that homebuyers cannot later claim a dedicated parking space if no parking allotment was mentioned in the agreement for sale and no separate payment was made towards it. The authority observed that the registered sale agreement remains the primary legal document for determining parking rights in residential projects.
In many cases, buyers rely on verbal assurances, brochures, advertisements, or discussions during the booking process. However, if parking details are not officially included in the agreement, buyers may face difficulties claiming exclusive ownership later. Supporting documents such as allotment letters, payment receipts, builder emails, and promotional materials may still help strengthen a buyer’s position in certain disputes.
Open parking spaces are generally treated as part of common amenities in many housing projects, while stilt parking refers to covered parking spaces located beneath the building structure. After possession, parking allocation is often managed according to housing society rules and availability.
Parking-related disputes commonly arise because of double allocation, lack of written confirmation, separate parking charges, or unclear builder policies. Buyers should carefully verify whether parking charges were collected separately during booking or possession and whether the allotted space is officially documented.
If homebuyers face parking-related issues, they may approach the builder, housing society, RERA authority, or consumer court depending on the nature of the dispute. Legal claims usually become stronger when buyers have proper written proof regarding parking commitments.
To avoid future complications, homebuyers should always ensure that parking details, parking type, and allotment information are clearly mentioned in the agreement before purchasing a property. Written confirmation remains one of the safest ways to protect buyer interests and avoid future legal disputes.
