Open Parking, Garages and Clubhouses: What RERA Lets a Bengaluru Promoter Sell

The cost sheet for a Bengaluru flat can carry a line that buyers skim past: a charge for a car park. It may be described as covered, stilt or open. Whether that line is legitimate depends on what kind of parking it is, and the Real Estate (Regulation and Development) Act, 2016 draws a clear distinction.

The Ministry of Housing and Urban Affairs addresses the question directly in its July 2025 FAQs on the Real Estate Act. Its answers on open parking, garages and community facilities give a Bengaluru buyer a clear set of questions to put to a promoter before paying for parking.

The short answer. MoHUA's FAQ says Section 2(n) defines common areas to include open parking areas, so "open parking areas cannot be sold to the allottees." A garage, defined in Section 2(y) as a place within a project "having a roof and walls on three sides for parking any vehicle", "can be sold to the allottee independent of the apartment." Community and commercial facilities are also common areas, to be handed over to the association of allottees. The trade-off: a garage is something you can own and pay for, while an open space is shared and cannot be sold to you, so it stays with the common areas meant for the association rather than appearing as a line in your sale deed.

Can a promoter sell open parking in a Bengaluru project?

No. The FAQ answers the question "Is open parking areas a part of common areas?" by stating: "Section 2(n) defines common areas to include open parking areas, thus open parking areas cannot be sold to the allottees."

Because open parking is a common area, it belongs to the project as a whole. The FAQ says separately that under Section 17, the promoter must transfer "the undivided proportionate title in the common areas of project to the association of the allottees." Open parking is therefore meant to end up with the association, not with individual buyers.

What is a garage under RERA, and can it be sold?

It can be sold. The FAQ quotes the definition: "As per Section 2(y) garage means a place within a project having a roof and walls on three sides for parking any vehicle, but does not include an unenclosed or uncovered parking space such as open parking areas." It then states: "Garage can be sold to the allottee independent of the apartment."

The definition is physical. A space with a roof and walls on three sides is a garage; an uncovered or unenclosed space is not. When a Bengaluru cost sheet uses labels such as covered parking or stilt parking, the useful question is whether the space actually meets the Section 2(y) description, and how it is shown on the sanctioned plan.

Who owns the clubhouse and other shared facilities?

The association of allottees, once handed over. The FAQ answers whether community and commercial facilities are part of common areas: "Section 2(n) defines common areas to include community and commercial facilities, thus they are an integral part of the project, to be handed over to the Association of Allottees."

For buyers comparing projects with large amenity blocks, such as Prestige Lavender Fields in Gunjur, this is the frame to keep in mind. Clubhouses, community halls and similar facilities are described by the FAQ as part of the project to be handed to the association, not as separate assets the promoter keeps.

What should the agreement for sale say about parking?

It should match the Act. The FAQ says that under Section 13(2), the appropriate Government specifies the agreement for sale through Rules, and that while "internal flexibility could be provided" for other provisions agreed between the parties, "the terms of aforesaid Agreement for Sale cannot be contrary to the provisions of Act and Rules thereto." A clause selling open parking would sit uneasily with the FAQ's answer under Section 2(n).

Section 13 also limits what can be collected before the agreement. The FAQ says "the promoter cannot accept more than 10% of the apartment / plot cost as an advance payment / application fees without first executing an Agreement for Sale with the allottee." If parking is bundled into the price, it falls within that cost.

Brochures matter too. The FAQ says that under Section 12, "the promoter is responsible for the veracity of all information contained in the advertisement and the prospectus," and that if any person suffers loss due to false information in them, "the promoter is liable to make good the loss sustained due to the same." The FAQ adds that under Section 2(b), any medium used to solicit a sale, "including SMS and emails, is covered under the definition of advertisement." If a WhatsApp message, email or brochure described your space as a dedicated or covered car park, keep it with your booking papers.

Resale buyers are in the same position on these questions. The FAQ says that under Section 2(d), an allottee "includes a person who acquires the said apartment / plot through transfer or sale." A Bengaluru buyer taking over a flat from its first owner should therefore ask the same questions about any garage or parking space being transferred with it, and check what the original agreement and sale deed say.

How does handover to the association work?

Through Section 17 and the allottees' duties under Section 19. The FAQ says Section 17 "provides for detailed provisions regarding transfer of title of the apartment to the allottee and the undivided proportionate title in the common areas of project to the association of the allottees," and that "it shall be the responsibility of the promoter to handover the necessary documents and plans to the association of the allottees or the competent authority, as the case may be."

On the buyer's side, the FAQ lists among allottees' duties to "participate in formation of association". Since common areas, including open parking, are meant to pass to the association, Bengaluru buyers have a direct stake in taking part early. Our earlier explainer on sanctioned building plan deviations in Bengaluru covers how to read the plan that shows where parking was approved.

What if the promoter has already charged for open parking?

The FAQ points to the complaint route. It says that "Section 31 of the Act provides for filing of complaint by an aggrieved with the Regulatory Authority or Adjudicating Officer, as the case may be," with the form and fees set by state Rules. In Karnataka, that means the Karnataka Real Estate Regulatory Authority. The Authority "should endeavour to dispose of the questions / complaints as expeditiously as possible but not later than sixty days from the date of filing", recording reasons if it cannot.

The FAQ also notes that under Section 61, a promoter who defaults on any provision of the Act, Rules or Regulations is liable to a penalty of up to five percent of the estimated cost of the project. Before filing, gather the cost sheet, receipts and the plan showing the space, and consider legal advice on whether your particular space is open parking or a garage. For a recent example of how K-RERA disputes move into the courts, see our report on the Karnataka appellate tribunal's ruling on Casa Grande Lorenza.

What should a Bengaluru buyer check before paying for parking?

1. Ask the promoter to identify your parking space on the sanctioned plan, with its number and level.
2. Check whether the space has a roof and walls on three sides, which is how Section 2(y) defines a garage.
3. If the space is open or uncovered, ask why a charge is being made, given the FAQ's statement that open parking cannot be sold.
4. Read the agreement for sale clause on parking and check it does not contradict the Act.
5. Confirm that total payments before the agreement, including any parking charge, stay within 10% of the cost.
6. Ask for the list of community and commercial facilities that will be handed over to the association.
7. Join the association once formed, since common areas are to be handed over to it.

Frequently asked questions

Can a builder sell me an open car park under RERA?

MoHUA's RERA FAQ says Section 2(n) defines common areas to include open parking areas, and therefore open parking areas cannot be sold to allottees. Open parking forms part of the common areas whose undivided proportionate title is to be transferred to the association of allottees under Section 17.

Can a garage be sold separately from the flat?

Yes. MoHUA's FAQ says that under Section 2(y) a garage is a place within a project with a roof and walls on three sides for parking any vehicle, excluding unenclosed or uncovered spaces such as open parking areas, and that a garage can be sold to the allottee independent of the apartment.

Is the clubhouse a common area under RERA?

According to MoHUA's FAQ, Section 2(n) defines common areas to include community and commercial facilities. The FAQ says they are an integral part of the project, to be handed over to the Association of Allottees, which buyers should keep in mind when comparing amenity-heavy projects in Bengaluru.

Can the agreement for sale override RERA on parking?

MoHUA's FAQ says the agreement for sale under Section 13(2) is specified through state Rules and is binding, with internal flexibility for other provisions agreed between the parties. However, the FAQ states that its terms cannot be contrary to the provisions of the Act and the Rules made under it.

This article explains the Ministry of Housing and Urban Affairs' general FAQs for information only and is not legal advice. The FAQ itself notes it is not a final interpretation of the Act.

Last updated 2026-11-09. PropNewz Team.