Can a Bengaluru Builder Sell You Car Parking Separately? What the Rules Say

A Bengaluru buyer named Anitha was handed a price sheet for a flat in Whitefield in September 2026 with a line that made her pause: 4 lakh for a car parking space, charged on top of the flat. It felt normal, because so many buyers pay it. But open and stilt parking are, in law, common areas that a builder cannot sell as a separate unit, which meant that extra line was on shaky ground and worth challenging.

The short answer. A builder in India generally cannot sell open or stilt parking to you as a separate unit, because courts have treated these as common areas that belong to all residents, and their cost is meant to be part of the flat price rather than a separate charge. A properly enclosed garage, walled with a lockable shutter and shown in the sanctioned plan, is the narrow exception that can be sold. The trade-off: many builders still charge for parking, so a buyer has to know the rule to push back, or at least to insist the parking is properly documented and allotted.

Can a builder sell open or stilt parking separately?

No, not as an independent unit. The settled position, from the Supreme Court and reflected in RERA practice, is that open parking and stilt parking are common areas of the building. Open parking is the uncovered space on the plot, and stilt parking is the ground-level area left open between the pillars of the building, not walled on three sides. Neither is a self-contained unit that can be owned and sold on its own; both are shared facilities that pass to the residents collectively.

Because they are common areas, open parking must be shown in the layout and then handed over to the housing society or residents' association as collective property. The cost of such parking is treated as already included in the price of the flat, so a separate charge for open or stilt parking is, in principle, not permitted. This is why a line item that bills open parking on top of the flat price deserves a hard question rather than a quiet acceptance.

It helps to understand the logic behind the rule. A flat is a defined, self-contained unit you can own; an open patch of ground or a space between pillars is not, because it has no walls, no independent access and no separate legal existence apart from the building. Allowing a builder to sell such spaces would let them monetise the same shared ground twice, once in the flat price that already funds the common areas and again as a standalone charge. The rule against selling open and stilt parking simply prevents that double counting and keeps genuinely shared space in the hands of the people who share it.

What about a covered garage?

A covered garage is the one genuine exception, and even then only under conditions. If the space is a properly enclosed garage, walled and fitted with a shutter that can be locked, and it is clearly shown and approved in the sanctioned plan, it can be sold as a separate unit under RERA. The key is that it must be a real, demarcated, enclosed space, not merely a painted rectangle on an open floor rebranded as a garage.

Even where a garage can be sold, the buyer must be told upfront and the sale documents must describe it accurately as a garage rather than a generic parking slot. So if a builder wants to charge you for parking, the fair question is simple: is this a genuine enclosed garage shown in the sanctioned plan, or is it open or stilt parking dressed up as a saleable unit? The answer decides whether the charge has any basis. A useful test is whether the space could be locked and used to the exclusion of everyone else; a real garage can, an open slot cannot. If the builder cannot point to walls, a shutter and an approved garage in the plan, then what is being sold is really a share of a common area, which the law does not allow to be carved out and priced separately. To understand how common areas and your share of them work, our guide on the undivided share of land in an apartment is a useful companion.

How do the parking types compare?

The table below sets out what can and cannot be sold, and who the space belongs to.

Why does this matter to a buyer beyond the money?

It matters because parking is a recurring source of disputes in Bengaluru apartments, and getting it wrong at purchase creates friction for years. If a builder sold the same open or stilt spaces to multiple buyers as if they were units, the residents' association can later find that the collective common area was carved up and sold, leading to conflict over who parks where. Knowing the rule protects both your wallet at purchase and the harmony of the building afterward.

There is also a documentation angle. Even a legitimate parking allotment should be recorded clearly, ideally in the agreement and the association's records, so your right to a specific space is not just an informal understanding. RERA requires the builder to disclose the parking arrangements for the project, so a buyer can and should ask to see how parking is defined and allotted. The broader set of protections a registered project gives you is covered in our guide on how RERA protects an under-construction buyer, and you can confirm project disclosures on Karnataka RERA.

How should a buyer handle a parking charge?

Approach it with questions rather than reflexive payment. Work through these steps.

1. Ask the builder to specify in writing whether the parking is open, stilt or an enclosed garage.
2. For any garage being sold, ask to see it marked and approved in the sanctioned plan.
3. Question any separate charge for open or stilt parking, since it should be within the flat price.
4. Get your allotted parking space recorded in the agreement, not left as a verbal promise.
5. Check how the project's parking is disclosed under RERA before you commit.
6. Confirm with the residents' association, in a resale, how parking is treated in the building.
7. Take legal advice if a builder insists on selling open or stilt parking as a unit.

None of this means you should be aggressive for its own sake; many buyers reasonably accept a modest, well documented parking arrangement to keep a deal moving. The point is to make it an informed choice. When you know that open and stilt parking are common areas, you can decide whether to push back on a charge, negotiate it into the flat price, or simply insist that whatever you are allotted is written down. If you are evaluating a project such as Abhee Aaria, ask early how parking is defined and allotted so there are no surprises at handover.

What happens to parking after the building is handed over?

Once the project is complete and the common areas pass to the residents' association, the association usually takes charge of allotting and managing parking. This is one reason the sale of open or stilt spaces by a builder causes trouble later: if the builder pocketed money for spaces that legally belong to everyone, the association inherits a mess in which some residents believe they own a space they cannot actually own outright. A well run building resolves this by allotting spaces fairly among members, often factoring in the number of flats and the spaces available.

For a resale buyer, this makes the association's records as important as the builder's paperwork. Ask whether the space you are being promised is one the seller genuinely holds a right to use, how the association records it, and whether any parking dues or disputes attach to it. A parking right that exists only in a broker's assurance, with nothing in the association's books, is exactly the kind of soft claim that turns into a standoff after you move in. Treat parking as part of your due diligence, not an afterthought settled on possession day.

Frequently asked questions

Can a builder charge extra for open parking in Bengaluru?

Generally no. Open parking is treated as a common area that belongs to the residents collectively, and its cost is considered part of the flat price rather than a separate charge. A builder billing open parking on top of the flat is on weak ground, so a buyer can question it or seek advice before paying.

Is stilt parking a common area or a saleable unit?

Stilt parking, the open ground-level space between the building's pillars, is treated as a common area, not a saleable unit. Because it is not enclosed on three sides, it is not a self-contained space a builder can own and sell separately. It passes to the housing society or residents' association as shared property along with the other common areas.

When can a builder legally sell a parking space?

Only when it is a genuine enclosed garage, walled with a lockable shutter and clearly shown and approved in the sanctioned plan, can a builder sell parking as a separate unit under RERA. The buyer must be informed upfront and the sale documents must describe it accurately as a garage. A painted slot on an open floor does not qualify.

Should my parking space be mentioned in the agreement?

Yes. Even a legitimate parking allotment should be recorded in writing, ideally in your agreement and the association's records, so your right to a specific space is protected rather than left as an informal understanding. RERA also requires the builder to disclose the project's parking arrangements, so ask to see how parking is defined and allotted before you commit.

Last updated 2026-09-23. PropNewz Team.