What to Do If the Builder Provides a Smaller Parking Space? Know Your Legal Rights and RERA..

Parking Dispute: In any apartment complex or housing society, parking facilities are of paramount importance to homebuyers. However, a minor oversight—such as failing to properly verify the dimensions of the allotted parking space—can lead to significant complications later on. This is precisely what happened to a homebuyer in Mohali, Punjab. Although he was allotted a parking spot, the space was so cramped that he could not park his car properly. Furthermore, the allotted parking space was situated approximately 150 meters away from his apartment block, causing him considerable inconvenience on a daily basis. If a builder provides you with an undersized parking space, you must be aware of your legal rights.

In this particular instance, the homebuyer filed a complaint with the Punjab RERA (Real Estate Regulatory Authority). He contended that the parking space allotted to him potentially violated the regulations stipulated in the National Building Code (NBC). In his complaint, he cited the NBC guidelines, which prescribe minimum dimensions for parking spaces; however, the space allotted to him measured a mere 2.2 meters by 4.1 meters—dimensions that were clearly inadequate. Given such limited space, he was unable to park his car properly.

What are the regulations prescribed by the National Building Code?
A dedicated parking slot for a single car must measure at least 3 meters by 6 meters.
For common car parking areas, a minimum space of 2.75 meters by 5 meters is required per vehicle.
For scooters or two-wheelers, a minimum space of 1.25 square meters is required.
For bicycles, a minimum space of 1.00 square meter is mandatory.
In this case, the RERA Authority observed that the RERA Act itself does not explicitly specify the minimum dimensions required for a parking space. Consequently, the homebuyer lost the case on these grounds. The RERA Authority explicitly stated that, under the provisions of the RERA Act, it cannot mandate that 5% of parking spaces be reserved for guests or the Economically Weaker Sections (EWS), nor can it enforce equal parking allocation for all flat owners, or prescribe fixed dimensions (length and width) for parking spaces.

Can a homebuyer compel a builder to adhere to the National Building Code (NBC) regulations? In this case, according to the builder's counsel, the regulations of the National Building Code (NBC) are not mandatory. According to legal experts, the NBC is not, in itself, a strict statute; rather, it serves as a set of guidelines. The NBC's regulations become applicable only when they are incorporated into the building bylaws by the local municipal corporation or development authority, or when such conditions are imposed during the approval process for a project. In other words, if the provisions of the NBC are not included within the local regulations, the builder is not legally obligated to adhere to them.

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