Two Wheeler Parking Rules in Housing Society

Housing society parking rules typically outline regulations governing the allocation and usage of parking spaces within the community, including guidelines on visitor parking, resident parking permits, and penalties for violations. These rules ensure fair and orderly parking arrangements while maintaining the safety and convenience of all residents. Since I have scooty, I made sure to know about the two wheeler parking rules in society. If you have a two-wheeler as well, you too must know it.

What are the bike parking rules?

The National Building Code (parking regulations in residential areas in India) states that for one parking space for a four-wheeler, at least 13.75 square metres should be allotted. In the case of two-wheelers, it must be at least 1.25 square metres. This is the mandatory rule that needs to be followed. I would suggest you ask your society's heads to state the rules again more precisely to you.

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Hi Buddy,

One of the major concerns for homeowners is the enforcement of car parking or two wheeler parking rules in housing society. It might assist you in avoiding disagreements regarding the pricing or the distribution of parking spaces. Large towns frequently experience unmarked or unofficial parking issues, which can be effectively controlled by a set of parking regulations.

In actuality, the scarcity of reserved parking spaces sometimes gives rise to legal issues. For instance, when you buy a new home, the builder is not allowed to offer you parking spaces on their own; instead, they must give them to the housing society. The Supreme Court forbade such sales back in 2010–2011. As a result, it is up to the MC to fairly assign your parking places. Apartment parking troubles may arise if your housing society has more vehicles than parking spaces.

Commonly, parking zones for 2-wheelers, 4-wheelers, and guests are separated in housing society complexes. There will be additional guest parking spaces, set aside from your parking area if you reside in a sizable gated apartment complex. To minimise complex parking challenges, you can select from the following styles of parking in your parking lot:

• Open Parking

  :

These are the unreserved parking spaces that are located on the apartment's shared grounds.

• Stilt or Covered Parking: 

These are parking spaces on the ground floor or level of the housing society that are only partially covered.

• Parking garages:

These are underground, completely covered parking garages.

What are the parking rules and regulations apartments:

• Parking Law – National Building Code:

The National Building Code stipulates that a car parking place cannot be smaller than 13.75 square metres. Also, it cannot be less than 1.25 square metres for 2-wheeler parking.

• Parking Law – RERA:

According to RERA parking rules in society, You cannot purchase open, stilt, or even garage or covered parking spaces separately from a builder or developer, under the Real Estate Regulation & Development(RERA) Act, 2016, which was passed in 2016. However, just one parking place per unit is permitted by the Delhi HC 2016 directive, preventing you from parking in shared spaces.

Like almost all Development Control Regulations and Town planning schemes in India, the Ministry of Housing and Urban Poverty Alleviation in 2017 also indicated that the common apartment areas include open parking spaces, elevators, etc. in Section 2(n) of the RERA Act. Considering that you cannot buy or sell it.

In order to determine if you are paying for your parking space exclusively or as part of the flat price, you must carefully study the Builder-Buyer agreement. If your apartment management system is equitable, you will also be amenable to clear fee schedules.

• Parking Law – Supreme Court Judgement:

The Supreme Court's ruling against the Bombay High Court's upholding argument in the Nahalchand Laloochand Pvt Ltd vs. Panchali Cooperative Housing Society case from 2010–2011 ruled that it is unlawful for a builder to sell parking units to non-society buyers or residents as separate real estate units.

Accordingly, the Managing Committee and General Body are authorised to assign parking spaces to their own registered members, including family and associate members. This means that assigning parking spaces is an "Administrative function."

• Parking Law – MOFA Act:

If you receive a stilt or other parking spot, you must pay a parking fee as agreed in the General Body Meeting, in accordance with Section 84 of the Model Bye-Laws. Regardless of whether you park your car or not, you must pay the obligatory cost, which varies for vehicles.

• Parking Law – Apartment Act:

Once a housing society is registered, it automatically becomes the owner of all common areas and parking spaces, in accordance with the "Apartment Act" in the majority of states, including Maharashtra, Delhi, etc. As soon as the municipal corporation issues an Occupation Certificate in the name of the society, the developer or builder must turn over the property. In conclusion, communal parking spaces cannot be bought separately.

• Parking Law – MoHUA Model Bye-laws:

For every 100 square metres of floor space in residential structures, the 2016 model construction bye-laws from the Ministry of Housing and Urban Affairs enable two ECS (Equivalent Car Spaces). It states that you will get 1 space for a home with 3 bedrooms and 2 spots for a property with 4 bedrooms.

Apartment parking spaces are formally considered a component of the common facilities that are accessible to all residents. First of all, a builder is required to offer parking units in accordance with the approved construction plan. Second, the builder must turn it over to the housing society RWA after the tenants have moved in. Additionally, according to a number of legal regulations, the RWA is the rightful owner of the apartment parking spaces, not the members who do not own them and do not have any authority to sell or transfer them. 

In conclusion, I would like to say that car parking or two wheeler parking rules in housing society are crucial for streamlining any new or existing homeowner's parking preferences and restrictions.

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