Parking is no longer a minor add-on in residential projects.
For many urban homebuyers, it has become a recurring source of disputes, unexpected costs, and even legal battles.
Experts say the problem often begins much earlier than possession, at the stage of booking itself.
Parking treated casually, disputes follow
A consistent theme across legal experts is that buyers underestimate parking at the time of purchase.
“The most common mistake is that buyers treat parking as an informal side promise instead of a legal and practical part of the deal,” says Rahul Hingmire, managing partner at Vis Legis Law Practice. He adds that buyers tend to focus on the flat while ignoring whether the agreement clearly mentions the type, size, location, and approved layout of parking.
This gap leaves room for disputes later, when the allotted slot turns out to be smaller, inconveniently located, or even unusable.
Hingmire further says that many buyers rely on brochures or verbal assurances instead of verifying documents. “Many disputes begin because buyers rely on brochures or verbal assurances. The right time to question parking is before execution and possession, not after a dispute begins,” he says.
Kunal Sharma, managing partner at TARAksh Lawyers and Consultants, frames it more sharply: “A buyer who does not verify this early is not buying certainty; he is buying a future quarrel.” He points out that parking is not merely a convenience issue but a matter of disclosure, pricing, and usability.
Adding to this, Parmeet Singh, advocate at Delhi High Court, highlights that buyers often fail to ensure that a specific, numbered parking space is mentioned in the agreement or allotment letter.
Many also do not verify whether the sanctioned plan actually provides for parking spaces, which weakens their ability to enforce rights later.
Legal grey areas: What RERA will and won’t address
While many buyers assume that the Real Estate (Regulation and Development) Act (RERA) can resolve all parking disputes, experts caution that its scope is limited.
Hingmire says that complaints are maintainable where there is a breach of agreement, lack of usability, or deviation from sanctioned plans. For instance, if a developer fails to allot promised parking or provides an unsafe or unusable space, buyers may have a valid case.
However, RERA does not entertain disputes based purely on preference. “The real test is not what the buyer prefers, but whether there is a breach of agreement, lack of usability, or unfair conduct,” he says.
Hingmire also emphasises that buyers should assess the legal basis before filing complaints, as not all grievances qualify.
Sharma echoes this limitation, noting that once disputes shift from developer conduct to internal allocation issues among residents, they may fall outside RERA’s core domain and move into society or civil law.
Similarly, Singh points out that RERA can act in cases of misrepresentation — such as when parking is promised in advertisements but not reflected in sanctioned plans. However, disputes over preferences, dimensions, or post-possession conflicts between residents are less likely to succeed.
Hingmire also flags that open or stilt parking, being part of common areas, may not always be treated as saleable property, making separate charges contestable in certain cases.
Ownership vs right to use: A key misunderstanding
A major source of confusion is the legal nature of parking itself.
“Most buyers assume they are buying a parking space, whereas in many cases, especially open or stilt parking, they only get a right to use, not ownership,” says Shashank Agarwal, founder of Legum Solis. He adds that unless parking details are clearly captured in the agreement and disclosures, enforcing such claims later becomes difficult.
Rishabh Gandhi, founder of Rishabh Gandhi and Advocates, underlines the same point: “Parking disputes usually begin not in the basement, but in the booking form. The real question is not whether a slot was verbally promised, but whether it was lawfully disclosed, properly identified, and contractually tied to the flat.”
Due diligence: What buyers must check early
Experts stress that parking should be evaluated across three stages — documents, approvals, and physical inspection.
Key checks include:
· Ensuring the agreement clearly specifies slot number, type (open, covered, mechanical), and location
· Verifying sanctioned plans and RERA disclosures for parking layout
· Physically inspecting the slot for usability, including access, turning radius, and obstructions
· Checking whether the parking system is mechanical and understanding maintenance costs
“Hidden parking costs flourish in ambiguity. A careful buyer checks parking on paper, on site, and in the agreement,” says Sharma.
Singh adds that buyers should also confirm that the parking offered matches what is approved in the sanctioned plan, as discrepancies can weaken legal claims.
Why some parking slots cost more
From a developer’s perspective, not all parking spaces are equal.
“Pricing of parking slots is typically based on accessibility and convenience — larger, well-located spaces near lifts or with easier manoeuvrability command a premium,” says Pushpender Singh, managing director at JMS Group. Less accessible or tighter spots are priced lower, reflecting their usability.
Takeaway
Parking disputes are not incidental, they are often rooted in inadequate due diligence at the time of purchase. As urban housing becomes denser and vehicle sizes grow, the gap between what is promised and what is delivered is widening.
Experts agree on one point — that buyers must treat parking as a legal and financial decision, not an afterthought.
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