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Parking in Common Areas: Does It Convert Them to Parking Spaces?
In densely populated urban India, parking has become a flashpoint in residential societies and apartment complexes. Residents often park vehicles in common areas like lobbies, corridors, or open spaces, sparking disputes over whether such use legally transforms these areas into dedicated parking spaces. The search query 32 7 13 Parking in the Common Area Would Not Convert such Areas into Parking Areas points to a critical legal principle upheld in Indian courts: mere parking does not alter the legal character of common areas.
This blog post examines key judgments, statutes like the Haryana Apartment Ownership Act, 1983, and building bye-laws to clarify residents' rights, societies' powers, and developers' obligations. While general principles apply, consult a legal expert for case-specific advice as outcomes depend on facts, local laws, and agreements.
Understanding Common Areas in Apartment Complexes
Common areas are shared spaces essential for the building's functioning, defined under statutes like Section 3(f) of the Haryana Apartment Ownership Act, 1983. These include:
- Staircases, lobbies, and lifts
- Corridors and hallways
- Basements or stilts designated for parking
- Open spaces, terraces (unless specified otherwise)
The Delhi Apartments Ownership Act similarly excludes basements used for parking from private ownership, treating them as common areas and facilities Capital Greens Flat Buyer Association VS DLF Universal Limited. Courts emphasize that parking areas, whether open, covered, surface, stilt, or basement, remain common unless explicitly allocated in sale deeds or declarations Capital Greens Flat Buyer Association VS DLF Universal Limited.
Developers must declare these in statutory filings. For instance, in DLF Qutub Enclave, the Supreme Court ruled apartment owners have undivided interest only in specified common areas (e.g., corridors, lifts), not community facilities like clubs unless included DLF Limited VS Manmohan Lowe - 2013 8 Supreme 738. Owners cannot claim exclusive rights over undeclared spaces.
Key Case: No Automatic Conversion by Usage
Judgments consistently hold that parking in common areas does not convert them into parking areas. In a Delhi High Court case, a resident challenged society-imposed charges for extra cars parked in common spaces ANUP MITTAL (HUF) VS KANUNGO CO-OPERATIVE GROUP HOUSING SOCIETY LTD - 2016 Supreme(Del) 393. The court dismissed the plea, noting:
The petitioner had no enforceable legal right to park multiple cars within the society's boundary and that the society's measures to discourage such parking were justified.
The sanctioned building plan allowed only 209 basement spots; extra parking in common areas violated norms and inconvenienced others ANUP MITTAL (HUF) VS KANUNGO CO-OPERATIVE GROUP HOUSING SOCIETY LTD - 2016 Supreme(Del) 393. Similarly, in Kerala, converting common areas into paid parking without approval breached the Kerala Apartment Ownership Act, 1983, mandating restoration SKYLINE BUILDERS, vs PAULACHAN MANIAMKOT - 2023 Supreme(Online)(KER) 30342.
Legal Restrictions on Converting Common Areas
1. Statutory Protections
- Apartment Ownership Acts: Section 3(f) lists common areas; developers cannot exclude parking basements without consent DLF Limited VS Manmohan Lowe - 2013 8 Supreme 738. Haryana Act gives colonizers discretion for commercial facilities but mandates user rights for all owners DLF Limited VS Manmohan Lowe - 2013 8 Supreme 738.
- Building Bye-Laws & MPD-2021: Exclude parking from Floor Area Ratio (FAR) to encourage provision, but do not prohibit charging fees if designated Pacific Development Corporation Ltd. (Concessionaire of Delhi Metro Rail Corporation) VS South Delhi Municipal Corporation - 2023 Supreme(Del) 5796. MCD cannot mandate free parking; it's not expropriation without law.
2. Society Powers to Regulate
Societies can impose charges or restrictions to manage limited space:
- No Unlimited Rights: Residents lack absolute claim to park anywhere; one spot per unit is typical ANUP MITTAL (HUF) VS KANUNGO CO-OPERATIVE GROUP HOUSING SOCIETY LTD - 2016 Supreme(Del) 393.
- Charges Allowed: In Pacific Mall, court upheld fees despite FAR exclusion, as bye-laws regulate construction, not usage terms Pacific Development Corporation Ltd. (Concessionaire of Delhi Metro Rail Corporation) VS South Delhi Municipal Corporation - 2023 Supreme(Del) 5796.
- Violations Penalized: Unauthorized enclosure of parking into godowns breaches Maharashtra Ownership Flats Act, Section 7, requiring promoter consent Ashok Punjabi VS High Class Developers - 2012 Supreme(Bom) 743.
Bullet-point takeaways from cases:
- Deemed Permission Fails: Incomplete plans don't trigger 'deemed sanction' under Himachal Pradesh Town Planning Act Surinder Singh VS State of Himachal Pradesh - 2016 Supreme(HP) 2294.
- Revision Needs Objections: Layout changes affecting parking/open space must hear owners Sushant Apartments Residents Welfare Association VS Haryana Urban Development Authority - 2017 Supreme(P&H) 323.
- No Developer Windfall: Clubhouses/basements remain common; separate charges invalid post-sale Capital Greens Flat Buyer Association VS DLF Universal Limited.
Landmark Supreme Court Insights
In DLF vs. Silver Oaks Apartments DLF Limited VS Manmohan Lowe - 2013 8 Supreme 738, owners demanded inclusion of community sites as common areas. Court clarified:
Apartment owners were not entitled to an undivided interest or possession over those community and commercial facilities... unless specifically provided by the colonizer.
Competent authorities must resolve objections only for essential commons like lifts; discretionary facilities (e.g., extra parking) follow declarations.
Another ruling under Andhra Pradesh Apartments Act barred post-sale modifications without flat owners' consent C. S. R. EStates, Flat Owners Welfare association, Kothapet, R. R. Dist VS Hyderabad Urban Development Authority - 1998 Supreme(AP) 783. Balconies/parking per original plans cannot be altered unilaterally.
Practical Implications for Residents & Societies
For Flat Owners:
- Review sale deed/declaration for allocated spots.
- Extra parking in commons invites charges/regulations.
- Form associations to negotiate; challenge illegal conversions.
For Societies/Management:
- Enforce via charges/panchnamas; comply with sanctioned plans.
- No free-for-all; regulate to prevent spillover (e.g., autos in residential zones) Vadakara Municipal Area Auto Rickshaw Thozhilali Co-Ordination Committee VS The Regional Transport Officer - 2022 Supreme(Ker) 865.
Developer Duties:
- Declare accurately; no post-facto exclusion of parking JAY GIRH NIRMAN PVT. LTD. vs ARUNODAY APARTMENT OWNERS ASSOCIATION - 2014 Supreme(Online)(NCDRC) 59.
- Basement parking stays common, even if not charged in super area Capital Greens Flat Buyer Association VS DLF Universal Limited.
In consumer disputes, delays in possession or area deficiencies (e.g., reduced plinth, missing parking) warrant compensation, but not ownership claims over commons Lakkam Eswar Reddy VS Consumer Guidance Society Rep. K. P. Ravindran. Limitation bars stale claims (2 years under Consumer Protection Act) Jay Grih Nirman VS Arunoday Apartment Owners’ Association.
Key Takeaways
- Parking Does Not Convert: Using common areas for vehicles doesn't legally redesignate them; character persists per plans/declarations ANUP MITTAL (HUF) VS KANUNGO CO-OPERATIVE GROUP HOUSING SOCIETY LTD - 2016 Supreme(Del) 393.
- Rights Are Limited: One spot typical; extras regulated/charged.
- Statutes Govern: Apartment Acts prioritize shared use; violations lead to restoration/demolition.
- Judicial Balance: Courts protect essentials but uphold society discretion against misuse.
Disclaimer: This post summarizes general principles from judgments like DLF Limited VS Manmohan Lowe - 2013 8 Supreme 738, ANUP MITTAL (HUF) VS KANUNGO CO-OPERATIVE GROUP HOUSING SOCIETY LTD - 2016 Supreme(Del) 393, Capital Greens Flat Buyer Association VS DLF Universal Limited. Laws vary by state; this is not legal advice. Outcomes hinge on specific documents, plans, and facts. Seek professional counsel for disputes.
Urban living demands cooperative parking norms. Societies succeeding balance rights via transparent rules, avoiding endless litigation.
Search Results for "Parking in Common Areas: Does It Convert Them to Parking?"
1985 0 Supreme(SC) 229 • India - Supreme Court
D. P. MADAN, M. P. THAKKAR, R. S. PATHAK, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
It is also in public good that inefficient, dishonest , corrupt Govt. servants or who are security risk should not continue in public ... Livelihood is a matter of concern to the individual and his family as also a matter of public interest and in appropriate case public ... EXECUTIVE INSTRUCTIONS - ADMINISTRATIVE ACTIONS - TAKING AWAY OF EMPLOYMENT IN PUBLIC INTERST UNDER SECOND PROVISO TO ARTICLE 311 ... the preserve of any particular race or count....
1973 0 Supreme(SC) 163 • India - Supreme Court
S. M. SIKRI, J. M. SHELAT, K. S. HEGDE, A. N. GROVER, A. N. RAY, P. JAGANMOHAN REDDY, D. G. PALEKAR, H. R. KHANNA, K. K. MATHEW, M. H. BEG, S. N. DWIVEDI, A. K. MUKHERJEA, Y. V. CHANDRACHUD
(c) may not appear to the Court to subserve the common good or to prevent common detriment. ... "In extreme necessity all goods are common, that is, are to be shared."1749. ... The Constitution makers had, among others, one dominant objective in view and that was to ameliorate and improve the lot of the common
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
To cover with veil secrecy, the common routine business, is not in the interest of the public. ... convert l2 posts of Additional Judges in Delhi High Court into permanent Judges and to appoint Shri N.N. ... enter their caveat to value packing but which does not commend.
1992 0 Supreme(SC) 830 • India - Supreme Court
KULDIP SINGH, T. K. THOMMEN, S. R. PANDIAN, R. M. SAHAI, P. B. SAWANT, M. H. KANIA, B. P. JEEVAN REDDY, A. M. AHMADI, M. N. VENKATACHALIAH
- the like of which this country has not seen since - belonging to the fields of law, politics and public life came together to ... fashion the instrument of change - the Constitution of India – They did not rest content with evolving the framework of the State ... then suffers from the same vice Such identification is apt to become arbitrary as well as the indicators evolved and applied to ... to all in ....
2005 5 Supreme 414 • India - Supreme Court
P.VENKATARAMA REDDI, P.P.NAOLEKAR
13 security men received injuries. ... The admission of such confession would also be subject to the observance of the other provisions of Section 32 of POTA which are ... However, we would like to advert to one disturbing feature. ... this common design and to pursue it by common means, and so to carry it into execution. ... the common purpose is to be accompli....
2016 0 Supreme(Del) 393 • India - Delhi
GITA MITTAL, I.S.MEHTA
The court also found that the petitioner had been parking additional cars in the common areas of the society, which was in violation ... The court also found that the petitioner had been parking additional cars in the common areas of the society, which was in violation ... ....
2023 Supreme(Online)(KER) 30342 • India - High Court of Kerala
M.R.ANITHA, J
The appellate court determined that the defendants had indeed converted common areas for additional parking, leading to a decree ... Fact of the Case: The plaintiff sought an injunction against the defendants for converting common areas into car parking ... Finding of the Court: The trial court found that #HL....
2017 0 Supreme(P&H) 323 • India - Punjab and Haryana
SURYA KANT, SUDIP AHLUWALIA
owners in common areas and facilities as per the 1983 Act. ... spaces and parking provisions, and the legality of the revision without considering objections. ... that the layout plan is revised in a manner that proportionately divides EWS apartments and preserves the promised parking space ... Section 3 of the Act enables an owner of #HL_START....
2005 0 Supreme(Del) 939 • India - Delhi
S.RAVINDRA BHAT
traffic on the road - Scope of judicial review - Explosive growth of vehicular traffic- The policy leaving the matter of parking ... norms in an unsatisfactory manner - Writ petition disposed of with direction to grant sanction after reconsidering the whole matter ... India Article 226 - Writ petition challenging permission for constructing a multiplex Cinema on account of acute congestion due to ... This follows the path taken by j....
1998 0 Supreme(AP) 787 • India - Andhra Pradesh
B.S.RAIKOTE
per the plant, it shall be with consent of the flat owners - According to approved plan whatever space is left for car parking in ... first flat is purchased by any person, for first time, such purchaser and builder become common owners for all the amenities and ... the stilt floor and in whatever the space left in other floors as per #HL_START....
2023 0 Supreme(Del) 5796 • India - Delhi
VIBHU BAKHRU, AMIT MAHAJAN
The learned Single Judge reasoned that the areas, which were not counted in the FAR were for the common enjoyment of all occupiers and it is expected that the occupiers would in unison maintain the common areas. ... So long as the said areas are used for parking of vehicles, it would not be open for MCD to claim that the area has been misused for the reason that the owner is charging fee for permi....
2022 0 Supreme(Ker) 865 • India - Kerala
SHAJI P. CHALY
This is necessary because if adequate parking is not provided in transport hubs, institutional areas, commercial areas, etc., the spillover will go to the residential areas.Transport Hubs7. ... commercial areas are not forced to park on the roads or in spaces which are not meant for parking. ... Parking lots can be of various types and different modules of parking will be require....
2014 Supreme(Online)(NCDRC) 59 • India - National Consumer Disputes Redressal Commission
areas, “such as staircases, lobbies, pump, drainages…….” etc. and show that the alleged ‘assembly hall’ and ‘maintenance hall’ did not form part of the common area and they continued to belong to the developer for their own use. ... Jyoti Basu, the Mayor and the Commission of K.M.C., etc., such construction was demolished and the petitioner Association recovered the access to the car parking area for its members but the said assembly hall and the maintenance area whic....
• India - Consumer
A. P. SAHI, INDER JIT SINGH
In this sale deed the plinth area is mentioned as 780 sq.ft. and states that common area is 30 sq. ft. and parking would also be provided. ... The OP-1 contended that Complainant is in occupation of about 869 sq. ft. of plinth area, including balcony and washing area, which is in his exclusive possession and does not come in the common area, 30 sq. ft. common areas was given for ....
• India - Consumer
D.K.JAIN, VINEETA RAI, VINAY KUMAR
... 7. In the year 1996 the said developer had tried to convert the said assembly hall and the maintenance room together with the basement car parking area into two flats by making construction therein. ... areas, “such as staircases, lobbies, pump, drainages…….” etc. and show that the alleged ‘assembly hall’ and ‘maintenance hall’ did not form part of the common area and they continued to belong to the developer for their own use. ... Jyoti Basu, ....
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