Essential Guide to Car Parking Regulations in Indian Residential Societies

As more individuals purchase vehicles, the issue of car parking has grown. Living in a housing society with limited space and specific rules further exacerbates the issue. If you are not familiar with the parking regulations in Indian residential areas, you have come to the right spot. This guide explains the dos and don'ts of parking. It also emphasizes the parking regulations in India that are essential for all residents of housing societies to be aware of.

Parking problems and regulations for cars in residential societies in India

The following is a compilation of typical parking problems in a residential community. For every edition, we have provided information on parking regulations in Indian residential zones. Understanding the regulations about parking cars in a residential complex can assist in handling issues effectively.

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Issue 1: Illegally parked vehicles

Tenants in apartments with vehicles, be it a bike or a car, have access to parking benefits. Each resident is assigned a parking spot or stilt (one or two) based on the size of their BHK. Issues occur when individuals exceed the permitted number of vehicles while parking in residential areas in India, despite this being a standard rule.

To illustrate, a father has possession of a car and places his vehicle in the designated parking spot. When the son purchases a new vehicle, he parks it in the same parking space without authorization. This is the point at which the family makes a mistake. Whether the parking spot can fit two cars is irrelevant. The family must obtain approval from the Managing Committees (MCs). Either they must pay a charge for an extra parking spot or face the consequences of breaking the car parking regulations in a residential community.

Issue 2: Lack of Markings or Organization

This issue is frequently seen in communities with available parking spaces. People become unsure when no lines or numbers are present in the vacant parking spots. They ultimately park their cars in the parking spaces of others, resulting in inconvenience.

According to the car parking regulations in a residential community, parking spaces for vehicles (4-wheelers, 2-wheelers, bicycles) must be marked or numbered. If there are no markings in your society, you can reach out to the Managing Committee (MC) to ask for them or lodge a complaint.

Issue 3: Parking for visitors

In different communities in India, security guards or the MC direct guests or delivery personnel to park their vehicles outside the building/on the street. This results in theft, vandalism, and various other issues. These measures are unnecessary, even though there is plenty of room in society.

However, regulations for parking in residential areas in India require that buildings/apartment complexes allocate at least 5% of space for visitor parking. If your housing society fails to follow these rules, you have the right to file a complaint.

Issue 4: Parking for Renters

If there are more permanent residents than tenants in a society, the tenants cannot park inside the building.

According to residential parking regulations in India, if the landlord qualifies for a parking spot, the tenant does as well. The landlord is accountable for making sure the tenant has access to a parking spot.

Issue 5: Unjust Distribution of Parking Spaces

Residents who possess multiple vehicles take up more than one parking space. Despite paying extra for the additional space, individuals who only own one vehicle may still encounter difficulties with parking.

In residential areas in India, it is required that parking be provided by the Municipal Corporation in the order in which people arrive. If there are empty parking spaces in the community, residents can ask for more spots. This should not come at the expense of denying other qualified members access to a single parking space.

Issue 6: Insufficient Lighting and Security in Parking Lots

Insufficient lighting and security in parking areas is a prevalent problem among residents living in housing societies. This might worry homeowners, particularly when they arrive home from work or outings in the evening or at night.

• Insufficient lighting in the parking area can create challenges for residents as they move around, leading to a higher chance of accidents and theft.
• Furthermore, lack of proper security measures like CCTV cameras or alarms may compromise the safety of residents.
• Inadequate upkeep of parking areas can lead to potholes and bumpy surfaces, posing challenges for safe vehicle parking.

Regulations for Parking in Residential Areas in India

• According to RERA regulations, developers are not allowed to sell covered or open parking spaces. Parking is considered a fundamental amenity offered by the housing community. Builders cannot charge buyers for parking; this is against the law.

In 2010-11, builders proposed selling parking spaces to outsiders as separate units, however, the society residents opposed this and the issue ended up in court. Therefore, the Bombay High Court ruled that parking space is considered a shared amenity element. The Supreme Court affirmed the original ruling, making the above regulation enforceable in residential parking areas in India.

• The Ministry of Housing and Urban Affairs established guidelines for buildings and parking regulations in residential areas in India. According to this, there should be 2 Equivalent Car spaces (ECS) for every 100 square meters of floor area in residential buildings. Each person in a 3 BHK gets one parking spot, while those in a 4 BHK get two spots.
• In various states like Maharashtra and Delhi, Apartment Acts empower the Managing Committee to create their own car parking regulations within a housing society.
• As per the National Building Code of India, the minimum area required for one car parking space for 4-wheelers should be at least 13.75 square meters. For 2-wheelers, the area must be at least 1.25 square meters.

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The significance of RWA in regulating parking regulations in Indian residential areas

RWA, also known as Residential Welfare Association, is a group that focuses on the well-being and concerns of the individuals living in a particular community. The RERA Act requires every housing society to form an RWA within 90 days of most flats being booked.

RWAs are a Managing Committee that is officially registered under the Societies Registration Act, 1860. This implies that they are the individuals to whom you should voice your concerns if you encounter issues, whether it be car parking or any other problems, as a resident of a housing society.

Ensure you are familiar with the fundamental parking regulations in residential areas of India before lodging any complaints. Below are a few key tips:

• The apartment complex/housing society owns shared/common spaces, such as Parking (Open or Stilt).
• RWA members or residents do not possess parking spots.
• The allocation of parking spaces falls under the jurisdiction of the managing committee of every residential society. The Residents Welfare Association (RWA) or General Body is authorized to assign parking spaces to the residents who are registered.
• People who are registered include homeowners, their families, and members associated with them.
• The civic body approves a Lay-Out Plan (LOP) to number the parking spaces.
• The residents of Indian apartments are given parking stickers by the Managing Committee or RWA. Having a sticker on your car means you don't need to go through a security check every time you enter the community area.

Additional Parking Regulations in Indian Residential Complex You Should Keep in Mind

• Always drive your vehicle at a speed of 10km/hr when entering or exiting the building or society.
• Make sure that the "Entry Sticker" is affixed to your vehicle. To obtain the entry sticker, you must provide a photocopy of your RC along with completing an application form. You may need to install a mobile application, such as Park, in compliance with regulations and register for an automatic parking service.
• Residents must obtain permission from the MC if they park within the society premises or want to park. Additionally, they must let the security personnel know if the visitors will be staying overnight with you.
• Ensure that you stay on the correct road and park in the appropriate location. Numerous individuals in India disregard the parking regulations in residential neighborhoods and face penalties as a result.
• Avoid parking your vehicle in areas that could obstruct residents' general access, such as in front of the main gate, lift exit, or any other designated parking zones.

Parking categories as defined by Housing Society regulations for car parking

Each residential community has its own distinct architecture, including varied designs for apartments and parking areas. Below are the different parking methods that all residents, whether they are permanent or temporary, need to be aware of.

• Perpendicular Parking marked at a 90° angle to the building or curb is called perpendicular parking. It is a popular style found in societies and garages due to the limited space available in these areas.
• Parallel Parking is a common closed parking method. The vehicles are parked at an angle, but in the same direction as perpendicular parking. As per the parking regulations in residential areas of India, every resident must ensure adequate spacing is left between vehicles.
• Parallel parking involves parking cars next to each other in a straight line, parallel to the road or a boundary, instead of at a slant. This kind of parking is frequently seen in congested areas where buildings are closely situated.
• Curved parking involves parking your vehicle in a designated circular or curved space outlined by markings or signs. In Indian residential complexes, curved parking spots are designated for oversized vehicles such as SUVs or large sedans. It is necessary to park inside the designated area without crossing the lines or encroaching on neighboring spots.

Fees for parking violations in neighborhoods with homes

Because of the sharp rise in the quantity of vehicles, parking spots are now limited in many residential communities in India. This has caused individuals to park their cars in places where they are not allowed, resulting in disorder and trouble for other locals.

In order to address this issue, numerous residential communities have begun implementing penalties for those who break parking rules.

• Residential societies implement parking fines to prevent residents from parking their vehicles in unauthorized areas.
• Imposing penalties also motivates individuals to adhere to parking regulations in India and utilize only the assigned parking spots.
• The penalties are typically small in amount and differ from one community to another.
• Certain communities have a fixed cost for parking infractions, while others impose a penalty based on the number of hours parked. Nevertheless, there have been occasions when the implementation of parking penalties has resulted in disputes and discord among the inhabitants.
• In order to prevent such scenarios, it is essential to clearly inform all residents of the parking regulations and ensure fair and transparent enforcement.
• The inhabitants should also be motivated to abide by the regulations and collaborate with the organization of the community in order to uphold a peaceful atmosphere.

Are parking facilities mentioned in agreements?

Indeed, parking arrangements ought to be specified in the rental or purchase contract of every residential community in India. These agreements specify the distribution of parking spots, any related costs, and the utilization rights granted to the resident. When you sign a contract, make sure to identify certain important factors that will determine your rights regarding parking.

• Parking space allocation: The agreement needs to specify the parking spot(s) assigned to your residential unit.
• Usage rights: Make sure to look into any limitations on the usage rights of your parking spot and if there are any specific vehicle types allowed to park there.
• Fees: Analyze the document carefully for any extra fees or charges associated with your parking spot.

Understanding the parking laws and regulations in your community is essential for promoting harmony and maximizing the use of available space. By following the guidelines for parking vehicles, obeying local laws, and honoring the regulations set by housing communities, inhabitants can help create a harmonious atmosphere and orderly society.

Summary of Parking Regulations in Residential Areas in India

Through this manual, we have aimed to offer comprehensive details on parking regulations in Indian residential neighborhoods. We have thoroughly covered all aspects, from different parking options and common errors to legalities and guidelines, to help enhance your understanding of car parking regulations in residential communities. If you still have inquiries, you can check the FAQ section below or contact a member of the RWA. It is preferable to ask questions and resolve uncertainties instead of making errors and facing consequences.

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