A buyer in Electronic City, Bengaluru, was told in early 2026 that the flat was one price and the car parking was another, a tidy few lakh extra for a numbered slot in the open compound. It felt normal, because everyone around her was paying it. What she did not know was that the law has taken a clear view on exactly this, and that an open parking slot is generally not something a builder can carve out and sell as a separate item. Knowing the rule does not always change the negotiation, but it changes what you understand you are paying for, and a buyer who understands the rule asks better questions.

The short answer. Open and stilt parking spaces are generally treated as common areas that belong to all the flat owners, not as separate units a builder can sell on the side. The Supreme Court has held that such parking spaces are not flats and cannot be sold as independent units, and RERA treats open parking as a common area whose cost should sit within the apartment price. The trade-off to accept: the legal position is clear in principle, but a narrow exception exists for a properly enclosed lockable garage, and enforcement can require raising the issue, so understand the rule and take advice on your specific case.

Can a builder sell open parking separately from the flat?

Generally no, an open parking space is not a separate sellable unit. The settled legal position is that open and stilt parking areas are common areas belonging to all the owners in a project, rather than the builder's inventory to sell one by one. This means that, as a rule, a developer should not be treating an open compound slot as a distinct product with its own price tag detached from the flat.

For a buyer, the practical value of knowing this is clarity about what you are actually buying. It does not automatically mean a slot will be handed to you free of any process, since allotment and use are managed at the project and association level, but it does mean the framing of open parking as a separately owned, separately sold asset does not match the legal position. That gap is worth understanding before you accept a charge without question, because an informed buyer is in a far better position to ask why the charge exists.

What did the Supreme Court say?

The Supreme Court addressed this directly in the case of Nahalchand Laloochand Private Limited versus Panchali Co-operative Housing Society. The Court held that stilt and open parking spaces are not flats and cannot be sold as independent units, and that they are common areas and facilities belonging to all the members, not the builder's sellable inventory. This ruling is the anchor for the wider principle that open parking is shared, not separately owned.

The significance for a buyer is that this is not a matter of opinion or local custom but a considered legal position from the highest court. It reframes the common sales practice of pricing open parking separately as something that runs against the settled view, at least for open and stilt spaces. Where a builder's approach conflicts with this, that conflict is a legitimate question to raise rather than a norm to accept quietly, however common the practice may be around you.

What does RERA say about parking?

RERA reinforces the treatment of open parking as a common area rather than a saleable unit. Under the RERA framework, open parking areas are generally counted among the common areas, and the cost associated with parking is expected to sit within the apartment price rather than be levied as a wholly separate sale. Open parking is to be reflected in the project layout as part of the common facilities.

This matters because it gives a buyer both a principle and a forum. The principle is that open parking belongs to the owners collectively, and the forum is the state RERA, where a buyer can raise a grievance if a developer is selling common parking as a separate commercial item. Knowing that a route exists to challenge an improper charge is part of what makes the rule meaningful in practice, rather than a principle that lives only on paper.

Open, stilt and covered garage: how are they treated?

The treatment turns on what kind of space it is, so the distinction matters. Open and stilt parking are generally common areas that cannot be sold as independent units, while a properly enclosed garage with walls and a lockable shutter can, in defined circumstances, be treated differently and sold as a separate unit if disclosed upfront and documented correctly. The label a builder uses is less important than what the space actually is.

What does this mean for a Bengaluru buyer?

It means you should understand what you are paying for and question a separate open parking charge rather than accept it as a given. When a builder lists open parking as an extra line with its own price, that framing sits uneasily with the settled position that open and stilt parking are common areas. You may still find that market practice pushes such charges, but you are entitled to understand the legal backdrop before you agree.

Because the details and enforcement can be nuanced, and because the covered garage exception and state specific practice complicate the picture, this is an area where advice helps. Ask the builder in writing how parking is allotted and priced, keep the answer, and if something looks like an improper separate sale of common parking, take legal advice on raising it. Understanding the rule turns a passive charge into an informed decision.

What if a builder charges me separately for parking?

Treat a separate open parking charge as a question to explore, not automatically a settled entitlement of the builder. Ask how the space is classified, whether it is open, stilt or an enclosed garage, and how that classification squares with the position that open and stilt parking are common areas. The answer, in writing, tells you whether the charge reflects a genuine garage sale or the questionable pricing of a common area.

If you believe common parking is being sold to you as a separate commercial item, a buyer can raise the matter with the state RERA, which exists partly to address exactly these grievances. Do not assume that because a charge is common it is therefore correct. A short consultation with a property lawyer, before you pay, is the sensible way to decide whether to accept, negotiate or challenge.

How does parking fit into your buying checks?

Parking is part of the common areas and rights layer of due diligence, and it sits naturally beside the questions of undivided share and the fairness of the builder's agreement. Understanding that open parking is a shared common area, and reading how the builder handles it, is of a piece with checking what common areas you have rights to and whether the agreement treats you fairly. It is one more place where the paperwork should match the law.

Pair this with our guide on the deed of declaration, undivided share and common areas under apartment law, and our explainer on spotting one sided clauses in a builder buyer agreement. If you are weighing a specific project, you can also review a listing such as this Bengaluru project. Together, common areas, parking and a fair agreement round out your rights as a buyer.

Your seven step parking checklist

1. Ask the builder in writing how parking is classified, allotted and priced.
2. Note whether the space is open, stilt or a properly enclosed lockable garage.
3. Understand that open and stilt parking are generally common areas of all owners.
4. Check whether a separate parking charge is being levied on common parking.
5. Confirm open parking appears in the project layout as a common facility.
6. Where a garage is sold separately, ensure it is disclosed and documented as such.
7. If common parking is being sold separately, take advice and consider a RERA grievance.

Frequently asked questions

Can a builder sell open parking separately from the flat?

Generally no. Open and stilt parking spaces are treated as common areas belonging to all the flat owners, not as separate units a builder can sell. The Supreme Court has held that such spaces are not flats and cannot be sold as independent units. A narrow exception applies to a properly enclosed lockable garage, disclosed and documented as such.

What did the Supreme Court rule about parking?

In Nahalchand Laloochand Private Limited versus Panchali Co-operative Housing Society, the Supreme Court held that stilt and open parking spaces are not flats and cannot be sold as independent units. They are common areas and facilities belonging to all the members of the society, not the builder's sellable inventory. This anchors the principle that open parking is shared.

Does RERA cover car parking in apartments?

Yes. Under the RERA framework, open parking areas are generally treated as common areas, and the cost of parking is expected to sit within the apartment price rather than as a wholly separate sale. Open parking should also appear in the project layout as a common facility. A buyer can raise a grievance with the state RERA over such sales.

What should I do if I am charged separately for open parking?

Ask the builder in writing how the space is classified and how a separate charge squares with open and stilt parking being common areas. Keep the answer. If you believe common parking is being sold as a separate commercial item, take legal advice and consider raising it with the state RERA before you pay.

Last updated 2026-07-16. PropNewz Team.