East Bengaluru buyer answers
Can a builder in Bengaluru charge separately for car parking?
Direct answer: The RERA Act treats "open parking areas" as common areas, which belong to all allottees. A "garage", meaning a roofed space walled on three sides, is defined separately and can be a distinct item. Whether a covered stilt or basement slot counts as one turns on its physical form and your agreement. Ask what you're paying for.
Disclosure: acre&key’s advice is free to buyers; we are an authorised sales partner for some projects and may be paid by the developer.
Verify with your lawyer: This page explains the RERA Act's definitions, not legal advice. Before you pay for parking or sign, have your own property lawyer read how your agreement describes the slot and what right it actually gives you.
Verify with your CA: This page is not tax advice. Whether a parking charge forms part of the consideration for TDS and stamp duty depends on your documents, so have your own chartered accountant confirm the treatment for your purchase.
"Covered car park: ₹X lakh" shows up on almost every East Bengaluru cost sheet. Buyers often haggle over the amount and skip the real question: what's being sold? The Act gives you two definitions to work with, and they don't sit where most sales conversations assume. Parking is also one of the add-ons on our hidden costs beyond the base price checklist.
What does the RERA Act say about parking?
Two clauses matter.
Section 2(n), common areas: the definition expressly lists "the common basements, terraces, parks, play areas, open parking areas and common storage spaces" (RERA Act, s.2(n)). Common areas go to the association of allottees, along with an undivided proportionate title, when the conveyance is done (s.11(4)(f) and s.17).
Section 2(y), garage: "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" (s.2(y)).
Side by side:
| What you're offered | How the Act describes it | What that suggests |
|---|---|---|
| Open, uncovered slot in the compound | "Open parking area", which is a common area | Not a separately owned unit in the Act's terms |
| Slot in a common basement, unenclosed | Unclear. Common basements are common areas, and an unenclosed space isn't a "garage" | Read your agreement and ask for legal advice |
| Enclosed space with a roof and walls on three sides | "Garage" | Can be a distinct item |
So is a "covered car park" in a basement a garage?
Usually not by the Act's wording, unless it actually has walls on three sides. Most basement and stilt slots in Bengaluru apartment buildings are painted bays on an open floor. A roof alone doesn't make a garage under s.2(y). The definition needs "a roof and walls on three sides".
That doesn't automatically make the charge unlawful. Builders often describe it as a charge for an exclusive right to use a particular slot. How Karnataka authorities and courts have treated that description isn't something we've verified for this page, so we've marked it UNKNOWN. Take your agreement to your own lawyer if the amount is material to you. The parking wording belongs in the same review as the rest of the builder's sale agreement.
What should I ask the builder before paying for parking?
Put these to the builder in writing:
- Is the slot open, covered but unenclosed, or a garage with walls on three sides? Ask for the sanctioned plan sheet showing it.
- Is it numbered and allotted to my unit in the agreement for sale? An unnumbered "one covered car park" gives you little to enforce.
- What exactly am I getting: ownership, or an exclusive right to use? The agreement wording decides this.
- Is the parking charge part of the consideration in the sale deed? That can affect stamp duty and TDS. Ask your CA, and see how TDS on property purchase works from 1 April 2026.
- What happens to unsold or visitor slots at handover? They should form part of what the association receives. Get the builder's answer in writing.
You don't need all five answers in one email. Start with the form of the slot and the agreement wording; the rest follows.
Does the sanctioned plan matter?
Yes. The number of parking spaces is part of the building plan approved by the planning authority. The Act bars a builder from changing sanctioned plans and specifications without the allottees' consent in the cases it covers (s.14). If the slot you're shown doesn't appear on the approved plan, ask why before you pay. A slot carved out of a driveway or a fire route is a risk you can't fix later. Cross-check the project's plan status when you look it up on the Karnataka RERA website.
How do parking disputes usually surface after handover?
Once the association takes over, it often finds that some families paid for parking and others didn't, that a few residents hold two slots, and that the builder still "retains" unsold bays. The association can only work from the documents. Owners whose agreements name a numbered slot are in a far stronger position than those whose paperwork says "one car park, location to be allotted".
If a builder insists parking can't be bought separately, or must be bought, what then?
You'll hear both lines. The Act's definitions above are the starting point. Your agreement is the contract that governs your case. If you think a demand breaches the Act or the agreement, a complaint to Karnataka RERA under Section 31 is available. The K-RERA FAQ describes it as filed in Form 'N' with a ₹1,000 fee (K-RERA FAQ).
How does parking connect to the conveyance of common areas?
Section 17(1) requires the promoter to execute a registered conveyance deed in your favour, "along with the undivided proportionate title in the common areas to the association of the allottees", and to hand the common areas over to the association (RERA Act, s.17). Open parking areas are on the Act's list of common areas. That's why the handover inventory matters. When the association takes over, it should receive a plan showing every parking bay, which bays are allotted to which flats under the agreements, and which remain unallotted.
If your agreement allots you a specific covered bay, ask for that bay number to appear in your sale deed or in a schedule to it. A bay recorded only in a booking-stage email is much harder to defend in a later dispute. Occupancy and completion paperwork also matter at this stage; see why OC and CC matter.
Reading the parking line on a cost sheet
When you compare projects along Whitefield, Sarjapur Road or Old Madras Road, put the parking line under three tests rather than one:
- Description. Does it say open, covered, stilt, basement or garage? Vague labels like "reserved parking" deserve a follow-up.
- Count and allocation. One bay or two? Is the second bay optional or bundled?
- Treatment. Is it inside the agreement value, or a separate receipt? Separate receipts can complicate both TDS and stamp duty. Have your CA check.
None of this tells you whether a price is fair. It tells you what you're buying, which comes first.
Frequently asked questions
Can a builder sell open parking in Bengaluru?
Under the RERA Act, open parking areas are listed as common areas, which belong to all allottees. A charge labelled as a sale of an open slot is worth questioning. Ask what right you'd actually get.
Is a basement parking slot a "garage" under RERA?
Only if it has a roof and walls on three sides. That's the Act's definition. Most painted basement bays don't meet it.
Should my parking slot be numbered in the agreement?
Ask for that. A numbered, allotted slot shown on the plan gives you something specific to enforce if a dispute arises after handover.
Does parking count towards TDS and stamp duty?
If the parking amount is part of the consideration for the transfer, it likely affects both. Confirm the treatment with a chartered accountant before you pay.
What happens to unsold parking at handover?
Common areas, including open parking, are meant to pass to the association. Ask the builder in writing how unsold or visitor bays will be handed over.
References
- Real Estate (Regulation and Development) Act, 2016, ss. 2(n), 2(y), 11(4)(f), 14, 17, 31 (copy hosted by K-RERA). https://rera.karnataka.gov.in/resources/staticpage/Real_Estate_Act.pdf, accessed 16 Oct 2026.
- Karnataka RERA FAQs (complaint form and fee). https://rera.karnataka.gov.in/resources/staticpage/KARNATKA_FAQs.pdf, accessed 16 Oct 2026.