The Parking Problem in Pune
Car parking is among the most frequently disputed issues in Pune housing societies — and one of the least carefully examined at purchase time. Buyers discover post-possession that their “covered parking” is actually an open terrace slot, or that the space they were verbally promised is not in the registered agreement, or that the society is selling a parking slot they thought they owned.
Understanding your legal rights and what to verify at purchase time prevents these disputes.
The Landmark Supreme Court Ruling: Parking Cannot Be Sold Separately
In Nahalchand Laloochand Pvt. Ltd. vs Panchali Co-operative Housing Society (2010), the Supreme Court of India ruled that:
- Stilt parking spaces (covered parking areas in the building’s stilts/pillar area) are common areas — they belong to the society, not to individual flat owners or the developer
- A developer cannot sell stilt parking separately as a commercial transaction
- Buyers who were charged for stilt parking spots should have the amount refunded or credited
- The society manages allocation of stilt parking, not the developer
What this means in practice: If you’re buying a flat and the developer is charging ₹3–5 lakh separately for a “stilt parking spot,” this charge is legally questionable. Many buyers have successfully reclaimed these amounts via consumer forums in Maharashtra.
Types of Parking in Pune Buildings
Stilt Parking
- Located within the building’s stilt (pillar) area at ground level, beneath the building
- A common area under the Supreme Court ruling — cannot be sold by the builder
- Society allocates stilt spots to residents (usually by lot or seniority)
- What to check: The sale agreement should not “sell” a stilt spot — it should allocate/allot one. If you’re charged a separate amount for a stilt spot, get legal advice before paying.
Basement Parking
- Dedicated basement floor for parking
- Can be included in the sale (as part of the flat) or sold separately as a distinct unit with its own carpet area
- When sold separately, should have its own registration and carpet area in the RERA registration
- What to check: Verify the parking is included in your agreement and the agreement specifies the type (basement vs open) and number clearly.
Open Parking
- Surface-level spaces, marked on the plot
- Typically lower cost than covered options
- Less desirable in Pune’s summer heat and monsoon
- May not be available in high-density developments
Mechanical / Multi-Level Parking
- Increasingly common in premium Baner, Koregaon Park, Viman Nagar projects
- Automated stacking systems — can park 2 vehicles in one ground footprint
- What to check: Ask about operational costs and reliability track record. Systems need regular maintenance and power — failure during monsoon can be a major issue.
Tandem Parking
- One parking spot where two vehicles park in a line (front and back)
- Requires moving the front vehicle to access the back
- Common in Mumbai builders’ projects that entered Pune market; less common in locally designed buildings
- Practical limitation: If two different flat owners share a tandem arrangement, coordination issues arise
What RERA Says About Parking
Under the Maharashtra Real Estate (Regulation and Development) Act:
- The builder must declare, at RERA registration, the total number of parking spaces (open and covered) in the project
- The number of spots allocated per flat type must be specified
- A parking space that is included in the sale must be mentioned in the Agreement for Sale with its type, location (block, floor, spot number), and whether any additional charge applies
- Builders cannot alter the allocated parking spaces without RERA approval
Key action: When reviewing your Agreement for Sale, check Section/Schedule for parking — it must state:
- Number of covered/open parking slots
- Specific identification of the spot (Block A, Basement Level 1, Spot 23)
- Whether the price is inclusive or an add-on
Parking Disputes in Housing Societies: Common Scenarios
Scenario 1: Builder Sold More Spots Than Available
Developer sold 200 apartments and allocated 180 covered spots, but the building only has 150 stilt spots. The society has to manage a shortage the builder created. Resolution: Society must use RERA grievance mechanism or consumer forum.
Scenario 2: Resident Using Visitor Parking as Own
A resident parks permanently in visitor spots. Society rule: visitor parking is for temporary use only. Society’s managing committee has the right to issue notices and have unauthorized vehicles towed.
Scenario 3: Spot Assignment Disputed
Two residents claim the same spot based on verbal builder assurances vs. what’s in their registered agreement. What governs: The registered Agreement for Sale. Verbal promises by site sales staff have no legal weight.
Scenario 4: EV Charging in Parking Area
Growing issue — residents want to install EV charging points in their parking spots. Under the Maharashtra government’s EV policy, residents have the right to install charging points in their allocated parking space, subject to the society’s approval for the common electrical infrastructure.
Before Buying: Parking Verification Checklist
In the sale agreement / registration documents:
- Parking type explicitly stated (covered/open/stilt/basement)
- Specific spot number or reference included
- Number of vehicles covered (1 or 2 spots)
- Whether the price is inclusive or additional charge stated
On-site visit:
- Visit the actual parking area — not just the sample flat
- Confirm the spot is physically accessible (height clearance for your vehicle — especially for SUVs in older stilt areas with 1.8–1.9m clearance)
- Check the society’s existing parking management — is it organized or chaotic?
- Count available spots relative to apartments — if there’s a ratio mismatch, question it
For resale flats:
- Confirm the parking spot is in the registered sale deed / transfer documents
- Verify with the society secretary that the spot is recorded in the society’s register against the flat
- Check if any parking disputes exist in the society — ask the society secretary directly
Two-Wheeler Parking
Often overlooked — but in Pune’s two-wheeler-heavy culture, two-wheeler parking management is equally important. Well-run societies have dedicated two-wheeler parking areas (often in the basement or ground floor). Ask about this for every household member who commutes by scooter.
Parking and Resale Value
In central Pune locations (Aundh, Baner, Kothrud), a flat with covered parking commands ₹3–5 lakh premium over an otherwise identical flat with only open parking. At resale time, buyers with vehicles specifically look for covered parking. If you’re buying for investment purposes, covered parking is a significant differentiator for tenant and resale appeal.
The Bottom Line
Never assume parking arrangements verbally described by a broker or developer site executive. Everything must be in the registered Agreement for Sale — the type, location, and spot number of your parking. Stilt parking charged separately by the builder may be legally recoverable. And before signing, visit the actual parking area to confirm physical access. Parking seems minor at purchase time and becomes a significant quality-of-life issue in daily use.
