A Bengaluru buyer was handed a price sheet where the flat cost one figure and a stilt car parking space cost another few lakh on top, presented as if the parking were a separate thing to buy. It felt normal, because plenty of builders sell parking this way, and the buyer nearly paid it. What she did not know was that the highest court in the country had already ruled that an open or stilt parking space is not something a builder can sell separately at all. Understanding who actually owns the parking in an apartment, and what a builder can and cannot charge for, can save a buyer a large and unnecessary payment.

The short answer. A builder cannot sell an open or stilt parking space as a separate saleable unit; the Supreme Court has held these are common areas that belong to the society, and their cost is already part of the flat's price. Only a fully enclosed garage, clearly defined and disclosed, sits in a different category. The trade off to understand is practical: you are entitled to a parking allotment, but you should not pay a separate sale price for open or stilt parking, and if you have, you can seek a refund through the regulator.

Can a builder sell you a parking space?

A builder cannot sell you an open or stilt parking space as a separate piece of property. The Supreme Court has held that such parking spaces are common areas and facilities belonging to the owners collectively, not independent units a developer can carve out and sell. In an apartment project such as Amberstone Pride of JP Nagar, the open and stilt parking is part of the shared facilities, and its cost is treated as already included in what you pay for the flat.

This runs against a common market practice, where builders quote parking as a separate line item with its own price. The practice is widespread, but that does not make it correct for open and stilt parking. Knowing the legal position lets you push back on a charge that the law does not support, rather than paying it because everyone seems to.

It helps to separate what a builder can do from what it cannot. A builder can allot you a specific parking space and can factor the cost of the parking areas into the overall price of the flat, since building and maintaining that infrastructure is a genuine cost. What it cannot do is treat an open or stilt space as a separate saleable asset with its own price on top of the flat. The line is between including the cost in the flat price, which is allowed, and selling the space as separate property, which is not.

What did the Supreme Court rule?

The Supreme Court, in the well known Nahalchand Laloochand case, ruled that a developer cannot sell stilt or open parking spaces separately. As a summary of the judgment explains, the court held that a parking space is not a flat or independent property, so developers cannot market open or stilt spaces as separate units, and these spaces remain shared facilities for all residents. It placed parking firmly in the category of common areas rather than saleable real estate.

For a buyer, this judgment is the anchor for the whole issue. It means the starting point is not the builder's price sheet but the legal reality that open and stilt parking belongs to the owners as a whole. A charge that treats such parking as a separate sale is at odds with that ruling, whatever form the paperwork takes.

How does RERA treat open, stilt and covered parking?

RERA treats open and stilt parking as common areas and only a fully enclosed garage differently. Under the real estate law, builders cannot sell open or stilt parking as separate units, and the cost of these areas must be bundled into the flat's price rather than charged on top. A properly enclosed covered garage, with walls and a shutter and clearly defined in the building plan, may be treated as a separate, sellable unit if it is disclosed to the buyer. The table below sets out the distinction.

The practical takeaway is to identify exactly what is being charged. If a builder is charging you for an open or stilt space as a separate sale, that is not permitted; if it is a genuine enclosed garage, disclosed and defined in the plan, the position is different. Ask which one it is before you agree to any parking payment.

The covered garage exception is narrower than some builders suggest, so do not accept a relabelling of an ordinary stilt bay as a saleable garage. A genuine garage is an enclosed structure with walls and a lockable shutter, shown as such in the sanctioned plan, not simply a covered spot under the building. If a builder describes a space as a garage to justify a separate price, ask to see it in the plan and to confirm the enclosure, because a stilt space dressed up in different words is still a common area that cannot be sold to you.

Who owns the parking after handover?

Once the project is handed over, the common parking belongs to the residents association. Open and stilt parking spaces become the property of the resident welfare association or cooperative housing society, which then allots and manages them for the members. So even though you use a particular space, the space itself is part of the collective property the association holds, not a plot you separately own.

This is why parking sits alongside the other common areas the association takes charge of. Our guide to the apartment owners association and its registration explains how that body comes to hold and manage these shared facilities, and reading it alongside this piece shows where the parking finally rests once the builder steps away.

Can a builder charge extra for parking?

A builder cannot charge you extra for open or stilt parking, because its cost is already part of the flat's price. The law explicitly forbids builders from charging separately for open parking, and any such slot must be treated as included in the flat cost, with the area passing to the society after handover. If a builder has wrongfully charged extra for an open or stilt space, that is exactly the kind of issue the regulator can address.

The remedy is a complaint to the real estate regulator. A buyer can file a complaint with RERA, and the authority can investigate and direct the builder to refund the amount paid for the parking space along with interest. You can reach the Karnataka authority through its portal at rera.karnataka.gov.in, which is where such grievances are lodged. That right to a refund is the reason it is worth knowing the rule before you pay, and even after.

Your leverage is greatest before you sign. Once you have agreed to a price sheet that bundles a separate parking charge, unwinding it is harder, so raise the point during negotiation and insist the allotment be recorded without a separate open parking sale price. Since the parking eventually becomes part of the common property the association manages, alongside the money covered in our guide to the corpus and sinking fund, it is worth getting the position clear at the outset rather than after the society takes over.

What should a buyer do about parking?

Get your parking allotment in writing and refuse a separate sale price for open or stilt spaces. The checklist below turns the legal position into concrete steps you take during a purchase.

1. Ask how many parking spaces are allotted to your flat and where they are.
2. Get the parking allotment recorded in writing in your agreement.
3. Check whether any parking charge is for an open, stilt or enclosed space.
4. Do not pay a separate sale price for open or stilt parking.
5. Confirm the parking area is shown in the sanctioned building plan.
6. Understand that after handover the common parking belongs to the association.
7. If you were overcharged for open parking, raise a complaint with RERA.

Working through these seven steps means you secure the parking you are entitled to without paying for it twice, once inside the flat price and again as a separate, impermissible charge.

Frequently asked questions

Can a builder sell a stilt or open parking space separately?

No. The Supreme Court has held that stilt and open parking spaces are common areas belonging to the owners collectively, not independent units a builder can sell separately. Their cost is treated as part of the flat's price, and the spaces pass to the residents association after handover, so a separate sale of open or stilt parking is not permitted.

Can a builder charge extra for open parking?

No. The law forbids a builder from charging separately for open or stilt parking, since its cost must be included in the flat's price. If a builder wrongfully charges extra, a buyer can complain to RERA, and the authority can direct a refund of the amount paid for the parking along with interest.

Can any parking space be sold by a builder?

Only a fully enclosed covered garage, with walls and a shutter and clearly defined in the building plan, may be treated as a separate sellable unit if it is disclosed to the buyer. Open and stilt parking cannot be sold separately. So the key is simply what type of space it is.

Who owns the parking in an apartment complex?

After handover, the open and stilt parking spaces become the property of the resident welfare association or cooperative housing society, which allots and manages them for members. You have the right to use an allotted space, but the space itself is part of the collective common property the association holds, not a plot you own independently.

Last updated 2026-07-12. PropNewz Team.