Parking spaces in an apartment complex are very important for a lot of homebuyers. But one slip-up, like not checking the parking spot’s size, can really backfire. That’s exactly what happened to a homebuyer from Mohali, Punjab, who found out that the parking space he was given was way too small, after it was allotted to him. This mistake ended up costing him a lot.
The problem wasn’t the parking space itself, but its size. Though this homebuyer had got a parking spot, it was too small for his car and on top of that, it was a whole 150 meters away from his apartment block. To make matters worse, there was no provision for guest parking in the entire apartment complex.
So, he complained to the Punjab RERA about the situation. He argued that the parking space allotted to him possibly violated the National Building Code (NBC) norms as well.
In his complaint, he cited the National Building Code (NBC) of India guidelines that outlines the minimum dimensions for parking space: 3m x 6m for individual car spots and 2.75m x 5m for common car spaces, with scooter/two-wheeler spaces needing at least 1.25 sq m and bicycle spaces at least 1.00 sq m. However, he was given a parking space measuring just 2.2 meter by 4.1 meter, making it impossible for him to park the car in such a cramped space.
However, the RERA authority said that under the RERA law, there is no provision which states how much space or the minimum size a parking lot should be. So, on this ground, the homebuyer lost the case. RERA Regulatory Authority categorically stated that the RERA Act does not empower it to insist on a 5% reserved guest/EWS parking quota, equal parking for all flat owners, or particular dimensions and area for parking slots.
Also read: Builder denied proper parking? Know your rights under RERA & key court rulings
Is there any way a homeowner can make the builder adhere to NBC parking size guidelines?
In the above cited Punjab RERA case, the builder’s lawyer argued that NBC parking guidelines are not mandatory.
Abhiraj Gandhi, Partner at Khaitan & Co explained to ET Wealth Online that the National Building Code of India (NBC) does not automatically have binding legal force unless it is incorporated into local building bye-laws or development control regulations.
Gandhi says: “It is fundamentally a model code intended to guide planning authorities, and its provisions become enforceable only when adopted by the relevant municipal or development authority or made a condition of project approval.”
Accordingly, a builder is technically correct in stating that NBC norms are not universally mandatory. However, that position is only partially accurate.
Also read: Don’t wait till possession: 4 parking checks every homebuyer must do early
According to Gandhi, the NBC continues to serve as an important benchmark for assessing whether a project meets reasonable standards of safety, functionality, and habitability. Adjudicatory forums, particularly consumer fora and, in certain cases, RERA authorities, do rely on NBC norms as a persuasive standard to evaluate whether facilities such as parking are practically usable.
Gandhi points out that while a homebuyer can’t directly enforce NBC standards without legal or contractual support, they can still use these standards indirectly to prove issues like poor service, false claims or substandard development.
To prevent such parking disputes like small size, inadequate size, what should homeowners do?
To avoid parking related disputes, homebuyers must treat parking as a matter of legal and technical due diligence rather than an incidental amenity.
According to Gandhi, the agreement for sale should clearly identify the parking slot, its number, location, and nature (covered, open, or mechanical), instead of leaving allocation open ended. Buyers should also review the sanctioned building plans to verify not just the existence of parking, but its dimensions, access pathways, and turning radius to ensure actual usability.
Gandhi says that reliance on marketing representations or verbal assurances, such as proximity to a specific tower should be avoided unless expressly captured in contractual documents. In addition, buyers should examine RERA disclosures and applicable local building regulations to confirm compliance.
Ultimately, the key consideration is not merely whether parking is allotted, but whether it is capable of being used in a safe, convenient, and practical manner.
Is there any legal remedy available to a homeowner for small, very far, or bad parking space alloted to him/her?
Even though RERA authorities have taken a relatively constrained view of their powers when it comes to setting parking rules or allocation methods, homeowners still have options.
Gandhi points out that if the parking space provided is unusable, too small, or materially different from what was represented, you can file a claim under the Consumer Protection Act, 2019 on grounds of deficiency in service or unfair trade practices. This could lead to compensation or a new, usable parking slot.
According to Gandhi, if the issue arises from deviation from sanctioned plans or violation of building bye-laws, recourse may also be taken before the local planning authority for regulatory action against the developer.
Additionally, if any contracts or promotional materials make specific promises about parking, breaking those promises could lead to claims for damages or, in some cases, specific performance.
Gandhi says: “Therefore, while RERA may not directly regulate parking design, a combination of consumer, contractual, and municipal law remedies remains available to address such grievances.”
