That Rs 4 Lakh Basement Car Park: What Karnataka's New Apartment Law Says You Actually Own

Rs 4 lakh for a covered car park in the basement is the kind of line item many Bengaluru buyers see on a cost sheet, a figure we use here only for illustration. Karnataka's new apartment law asks a sharper question than the cost sheet does: is that slot a private parking space at all, or part of the common area that every owner shares?

The Karnataka Apartment (Ownership and Management) Bill, 2026 answers it in its definitions. According to FoxMandal's 16 October update, the law received the Governor's assent on 9 October, was gazetted on 15 October as Act No. 45 of 2026, and is not yet in force. We set out its wider scope in our overview of the new Act.

The short answer. Under the bill, a parking space is private only if it passes three tests: it is a garage or enclosed or demarcated built-up bay, it is approved as an independent parking unit in the sanctioned plan, and it is conveyed to you by a registered instrument. Open, stilt, basement or podium parking that forms part of common parking does not become private just because it is numbered or allotted to you, and common parking cannot be sold as independent property. A private space can be sold or leased only to another owner in the same project, and its area is not part of your carpet or super built-up area unless conveyed as part of the flat. The trade-off: a properly approved private slot gives you a transferable right, but an allotted common slot gives you only use under the bye-laws, so the price you pay should reflect which one you are getting.

What is private parking under the new law?

Section 2 of the bill defines a private parking space as one that meets all of three conditions. It (a) forms part of a separate enclosed or specifically demarcated built-up unit within the building, such as a garage or enclosed parking bay; (b) is specifically approved as an independent parking unit in the sanctioned building plan; and (c) is conveyed to an apartment owner by a registered instrument as part of or appurtenant to an apartment.

The definition then adds that a private parking space may be owned, transferred, leased or otherwise dealt with by its owner, but shall not be transferred to any person who is not an apartment owner in the same project.

Why does "allotted" not mean "owned"?

The bill's explanation to the definition is explicit. No open, stilt, basement or podium parking area forming part of the common parking area shall be treated as private parking merely by demarcation or allotment. All parking areas not qualifying as private parking spaces are deemed part of the common areas and facilities.

The definition of common parking says such areas are meant for the collective use of owners, occupants or visitors, include open parking and visitor parking, remain part of the common areas and facilities, and shall not be sold or transferred as independent property.

So a numbered slot painted on a basement floor and noted in an allotment letter is, on the bill's terms, a use arrangement within common areas, unless the slot also meets the sanctioned-plan and registered-conveyance tests. This sits alongside the RERA position, under which open parking is a common area and a garage may be sold, which we explained in our guide to parking and common areas under RERA.

Does parking count in your super built-up area?

Not unless the deed says so. The bill's explanation says the area of a private parking space shall not be included in the carpet area, private area or super built-up area of an apartment, unless expressly conveyed as part of the apartment.

That matters for two reasons. First, the super built-up area drives your share of maintenance under the bill's section 25. Second, the bill requires the super built-up area break-up to be shown in every agreement of sale and conveyance deed, so you can check whether parking has been folded into the number you are paying for.

How much can parking area add to your maintenance?

Take the bill's own illustration, in which two flats have super built-up areas of 195 and 225 square metres, a total of 420. If common expenses are Rs 1 lakh a month and shared by super built-up area, the first flat pays about Rs 46,429. Now suppose, purely for illustration, that 12.5 square metres of parking were expressly conveyed as part of that first flat. Its super built-up area would become 207.5 square metres out of 432.5, and its share would rise to about Rs 47,977, roughly Rs 1,548 more each month.

That is why the bill's rule matters. Unless parking is expressly conveyed as part of the apartment, its area stays out of the super built-up figure, and so out of the base for your maintenance share. Read the break-up the bill requires in your agreement of sale to see which way your promoter has drawn it.

Can a buyer of two adjacent flats combine their parking?

Section 7 of the bill says that where two or more adjacent apartments are combined into a larger unit, they continue to be treated as separate apartments, each with its own number and proportionate undivided interest. Internal alterations for a merger are allowed only within the Act, the bye-laws and the building regulations.

The proviso adds that no merger or alteration shall adversely affect the structural stability of the building, other owners' use of common areas and facilities, or the building services and parking arrangements provided for the project. So a merger does not, by itself, create a new private parking right or let an owner take over common slots.

What does this mean if you are paying extra for a slot?

In our Rs 4 lakh illustration, the questions are simple. Is the slot a garage or enclosed bay? Is it shown as an independent parking unit in the sanctioned plan? Will it be conveyed to you by the registered deed? If all three are yes, you are buying a private parking space you can later sell to another owner in the project. If not, the bill treats the slot as common parking, which cannot be sold as independent property.

Ask the promoter in writing what exactly the charge is for and how the slot will appear in your conveyance. If you are comparing projects such as Konig Fortune County near Budigere Cross, put the same three questions to each promoter.

Who decides how common parking is shared?

Common parking remains part of the common areas and facilities, which the association manages under its bye-laws once management is transferred. The bill's section 10(3) says that transfer covers management, maintenance and administration only, and that ownership of the land and common areas stays with the apartment owners in proportion to their undivided interest.

The bill also says, in section 7, that merging two adjacent apartments cannot adversely affect the parking arrangements provided for the project.

What should a Bengaluru buyer check about parking?

The law is not in force yet, but its definitions show what a defensible parking right looks like. Before you pay for a slot:

1. Ask whether the slot is a garage or enclosed bay, or an open, stilt, basement or podium space.
2. Ask to see the sanctioned building plan and whether the slot is approved as an independent parking unit.
3. Check whether the slot will be conveyed by your registered sale deed, with its number and location.
4. Ask whether the parking area is included in your super built-up area, and get the break-up in writing.
5. If the slot is common parking, ask what the charge on your cost sheet is actually for.
6. Remember that a private slot can be sold only to another owner in the same project, which limits its resale market.
7. Keep the allotment letter and deed together, since the deed is the record of what was conveyed.

Frequently asked questions

What counts as private parking under Karnataka's new apartment law?

The bill defines a private parking space as one that forms part of a separate enclosed or demarcated built-up unit such as a garage or enclosed bay, is approved as an independent parking unit in the sanctioned building plan, and is conveyed to an apartment owner by a registered instrument.

Can a Bengaluru builder sell a basement or stilt parking slot?

The bill says no open, stilt, basement or podium parking area forming part of the common parking area shall be treated as private parking merely by demarcation or allotment, and that common parking shall not be sold or transferred as independent property. Only spaces meeting the private parking tests can be conveyed.

Can I sell my private parking space to an outsider?

No. The bill says a private parking space may be owned, transferred, leased or otherwise dealt with by the owner, but shall not be transferred to any person who is not an apartment owner in the same project. That keeps private parking tied to the project's owners, so plan any resale with that limited pool of buyers in mind.

Is parking area included in my flat's super built-up area?

The bill says the area of a private parking space shall not be included in the carpet area, private area or super built-up area of an apartment, unless expressly conveyed as part of the apartment. Ask for the parking to be shown separately in the agreement and deed.

This article summarises the Karnataka Apartment (Ownership and Management) Bill, 2026 as introduced and a law firm's update on its enactment, for information. The rupee figure is illustrative. The final Act and rules govern; it is not legal advice.

Last updated 2026-11-12. PropNewz Team.