Bangalore Property Law: Rights to Unregistered Car Parking

What Legal Rights Does a Bangalore Flat Buyer Have When the Builder Collected Separate Car Parking Charges But Never Executed a Registered Parking Deed?

By the Property Law Team | Legal Brigade | Bar Council of Karnataka

When a Bangalore flat buyer paid a separate car parking charge to the developer — typically ranging from Rs 3 lakh to Rs 15 lakh per car park space, invoiced separately from the flat’s sale price — and the developer then either did not execute a separate registered parking deed or did not include the specific car park space in the registered sale deed for the flat, the buyer has paid for a car park that has no registered legal title in their name, leaving the parking space’s ownership uncertain and the developer free to claim or re-sell the same space to another buyer.

Why Is Parking Ownership a Serious Legal Issue in Bangalore?

Car parking in Bangalore’s apartment buildings is governed by a complex intersection of BBMP building regulations, the Karnataka Apartment Ownership Act 1972 and RERA. Under BBMP regulations, the developer is required to provide a minimum number of car parking spaces in the building plan — these spaces are a mandatory condition of the plan sanction. Under KAOA, car parking spaces are typically common areas unless the Deed of Declaration specifically allocates them to individual flat owners.

RERA addressed the parking issue directly: RERA prohibits developers from selling open parking spaces to individual flat owners — open parking spaces are common areas that must remain available to all owners. Covered parking spaces (in a basement or stilted covered parking) can be allocated to individual flat owners through the sale deed. When a developer collected parking charges for a covered parking space but did not include the space in the registered sale deed, the buyer has a contractual right (from the invoice and the payment) but no registered title.

What Steps Can the Buyer Take to Get the Registered Parking Deed?

Step 1: Review the registered sale deed — confirm whether the specific car park slot number (e.g., B2-05) is mentioned in the sale deed. If not, the parking was never conveyed in the registered document.

Step 2: Review the K-RERA project registration — confirm whether the car park was specified as an amenity in the RERA registration and whether it was listed as a covered parking space (permissibly sold) or open parking (impermissibly sold).

Step 3: Send a formal notice to the developer demanding the execution of a registered supplementary deed including the car park slot — or demanding a refund of the parking charges with interest if the space cannot be delivered.

Step 4: File a K-RERA complaint for the missing parking deed — K-RERA can direct the developer to execute and register a parking allocation deed for the specific slot.

Step 5: Have a property lawyer confirm whether the specific parking space is covered or open and advise on the RERA remedy for the unregistered parking.

Q1. Does RERA prohibit the sale of car parking spaces?

RERA prohibits the sale of open parking spaces — surface parking, open spaces within the plot that are not covered by a building. These must remain as common areas available to all flat owners. RERA does not prohibit the sale of covered parking spaces — basement parking, multi-level parking structures and covered stilt parking can be allocated to individual flat owners through the registered sale deed.

Q2. What is an open parking space and what is a covered parking space?

An open parking space is a surface parking area — typically demarcated by painted lines on an open surface, without a roof cover. A covered parking space is within an enclosed or semi-enclosed structure — a basement, a multi-storey car park or a covered stilt. The RERA prohibition specifically applies to open parking spaces. Covered parking in a basement or covered structure can be privately allocated.

Q3. Can a registered sale deed be amended to include the car park slot after registration?

After a registered sale deed is executed, the parties cannot simply amend it — a new document (a supplementary deed or a deed of assignment of car park rights) must be executed and registered at the sub-registrar to add the car park allocation. The supplementary deed references the original sale deed and specifically allocates the named car park slot to the buyer.

Q4. What if the developer sold the same parking slot to two different buyers?

A developer who sold the same parking slot to two different buyers (collecting charges from both) has committed a fraud. The buyer without a registered allocation has a RERA complaint and a civil claim against the developer. The buyer with a registered allocation (if either has one) has the stronger title. Both buyers can file a police complaint for criminal fraud.

Q5. What RERA remedy is available for the refund of open parking charges?

An allottee who was charged separately for an open parking space (which RERA prohibits selling) can claim a refund of the open parking charge with interest from the date of payment. The K-RERA adjudicating officer can order the developer to refund the open parking charge because the collection itself was illegal under RERA.

Q6. Does the KAOA Deed of Declaration allocate car park spaces?

The KAOA Deed of Declaration (the building’s foundational document filed with the sub-registrar) lists the common areas and the exclusive areas for each flat. A parking slot that was included in the Deed of Declaration as an exclusive area for a specific flat owner has a legal basis — even if it was not in the individual flat’s sale deed. A parking slot not mentioned in either the sale deed or the Deed of Declaration has no registered allocation.

Q7. Can the association allocate parking spaces among flat owners?

The association can manage the use of common area parking — allocating specific open spaces to specific flat owners for a period — but cannot create permanent private ownership of parking spaces. Only a registered deed can create permanent private title to a covered parking slot. The association’s administrative allocation of open spaces is a use arrangement, not a title transfer.

Q8. What stamp duty applies on a registered parking deed?

A registered deed allocating a covered parking slot is a dutiable instrument — stamp duty applies at the applicable Karnataka rate for the document type and the consideration paid for the parking slot. The specific rate should be confirmed from the sub-registrar or a property lawyer before executing the parking deed.

Q9. Can the flat owner resell the car park separately from the flat?

A covered car park that was registered in the flat owner’s name (as part of the sale deed or through a separate parking deed) can in principle be sold separately from the flat — if the building’s Deed of Declaration and the association’s bye-laws permit such a separate sale. In practice, most parking sales occur together with the flat sale. The KAOA’s restrictions on selling common area rights must be reviewed before any separate parking sale.

Q10. How does Legal Brigade assist buyers with unregistered parking charges?

Legal Brigade reviews the registered sale deed and the RERA registration to confirm the parking specification and whether the parking space was conveyed, confirms whether the space is open (impermissible under RERA) or covered (permissible), drafts the formal demand for the supplementary parking deed and files the K-RERA complaint for the delivery of the parking deed or the refund of the open parking charge.

Paid a separate car parking charge to your Bangalore developer but the sale deed does not mention your specific parking slot? Legal Brigade checks the RERA specification and demands the registered parking deed or the RERA refund.

WhatsApp → wa.me/8497029999

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