Stilt Parking Allotment: Is Your ₹10L Spot Legal?

Maharashtra courts have ruled that builders cannot allot stilt parking to individual buyers after a housing society is registered. If your parking was given post-registration, your society can legally take it back — even if you paid for it.

Here's what happened: Maharashtra's Co-operative Appellate Court ruled that stilt parking allotted by a builder after a housing society is registered is legally invalid.. Stilt parking falls under 'common areas' in co-operative housing law, meaning no individual can hold exclusive ownership rights over these spaces.. Homebuyers who received parking slots post-society registration found their societies empowered to reclaim and reassign those spaces to other members..

What you should do: Check the date on your parking allotment letter and compare it to your housing society's official registration date — if parking came after, flag it immediately.. Review your sale agreement to see if parking was included in the main registered document or given via a separate builder letter, as only registered terms carry stronger legal weight.. If your parking was allotted post-registration, consult a property lawyer about recovering the extra amount paid from the builder — not the society — through consumer court or RERA..

Under RERA, parking charges must be disclosed upfront. If your builder charged separately for stilt parking but the allotment is legally void, file a RERA complaint to recover that amount with interest.

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