Parking Rules for Residential Societies in India
Parking Rules for Residential Societies in India
Overview:
Parking management is a critical issue in residential societies due to increasing vehicle ownership and limited space. While parking rules can vary by state and local municipal laws, some common principles and regulations apply across India.
Sources of Parking Rules:
Local Municipal Corporation Rules: Cities have their own building bylaws regulating parking space requirements.
Apartment Ownership Acts & Cooperative Societies Acts: Often include clauses about common areas, including parking.
Society Bye-Laws: Each residential society usually formulates its own parking rules within the legal framework.
RERA Guidelines: May mandate minimum parking space for new residential projects.
Traffic and Motor Vehicle Acts: Regulate parking on public roads near societies.
Common Parking Rules & Practices in Residential Societies:
| Aspect | Details |
|---|---|
| Parking Space Allocation | Parking slots allocated based on apartment ownership or tenancy; usually 1 slot per flat, sometimes more for bigger flats |
| Visitors Parking | Separate visitor parking spaces designated; often limited in number |
| Use of Common Areas | Parking in common areas (like pathways or lawns) generally prohibited to avoid obstruction |
| Unauthorized Parking | Strictly prohibited; may attract fines or towing as per society rules |
| Parking Charges | Societies may charge maintenance fees for parking facilities |
| Two-Wheeler & Four-Wheeler Parking | Separate designated areas for two-wheelers and cars |
| Parking for Commercial Vehicles | Often restricted or prohibited within residential society premises |
| Rules for Parking on Public Roads | Governed by local traffic laws and municipal regulations |
| Penalties for Violations | Fines, immobilization (wheel clamps), or towing authorized by society or local laws |
| Dispute Resolution | Usually handled by the society management committee or through local consumer courts if needed |
Key Legal Points:
Right to Parking Space: If a parking slot is sold or allotted explicitly with an apartment, the owner has a legal right over it.
Common Property vs. Private Property: Parking areas are often common property managed by the society, and misuse can lead to penalties.
No Illegal Parking: Parking on society roads blocking emergency access or pathways can be legally challenged.
Society Bye-Laws are Crucial: These rules govern parking allocations, visitor parking, and penalties.
Municipal Bylaws: For new buildings, municipal building codes require a minimum number of parking spaces (often 1 parking slot per flat or based on built-up area).
Challenges Faced:
Space Constraints: Limited parking space due to increased vehicle ownership.
Encroachment: Residents or outsiders parking in unauthorized areas.
Visitor Parking: Shortage of visitor parking leading to conflicts.
Lack of Clear Policies: Many societies lack written parking policies.
Enforcement Issues: Difficulty in penalizing defaulters consistently.
Tips for Residents:
Always check society bye-laws for parking rules before buying or renting.
Ensure parking slots are explicitly mentioned in the property documents.
Report unauthorized parking to the society committee.
Use designated visitor parking and follow society rules.
Participate in society meetings to improve parking management. Do write to us if you need any further assistance.
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