A Guide to Car-Parking Norms for Buildings in Greater Noida

Advocate Aditya Pratap specializes in Real Estate Law. Queries may be emailed to him at aditya@adityapratap.com

Car parking requirements for buildings in Greater Noida, Uttar Pradesh are governed by the Greater Noida Industrial Development Area Building Regulation, 2010. These regulations are applicable to all areas falling with the jurisdiction of the GNIDA (Greater Noida Industrial Development Authority). For ease of reference, they shall be referred to as the “GNIDA Building Regulations“.

What is a “Parking Space”? The Legal Definition:

Regulation 2.43 of the GNIDA Building Regulations defines “Parking Space” as follows:

“Parking space” means a space enclosed or unenclosed to park vehicles together with a driveway connecting the parking space with a street permitting ingress and egress of the vehicles.”

Thus parking spaces can be ‘enclosed’ or ‘unenclosed’. An ‘enclosed’ parking space is one surrounded by walls on one or more sides, such as a garage. ‘Unenclosed’ parking spaces are not bounded by walls. They can be situated either in the stilt, podium, basement or in the open air.

Every parking space must be provided with a driveway to facilitate easy entry and exit of vehicles. The driveway must have sufficient width and turning radius in order to prevent collisions.

Minimum Dimensions of Parking Spaces and Requirement per Flat:

Every car parking spaces must have a minimum area of 20 square meters (open car parking) or 30 square meters (basement, stilt or podium parking). This is designed to ensure adequate space for parking, entry and exit from the vehicle. If the area of an individual parking spot is deficient, it will directly impact the opening of doors and lead to dents and scratches on the neighbouring vehicles.

Under Table 5 of the GNIDA Regulations, residential buildings (Group Housing) must be provided with one parking space per 80 square meters (861 square feet) of salable flat area (FAR/FSI Area). If a flat is say, 900 square feet in area, it must be provided with parking. Likewise, if there are 2 flats of 500 square feet each, one parking spot must be shared between them.

Different Types of Parking Spaces permissible under Law – Basement, Stilt and Podium:

The GNIDA Building Regulations permit different types of parking spaces to be constructed. Parking may be provided in the basement, stilt, podium or even in a separately constructed multi-level parking lot.

Every type of parking has been uniquely defined in the GNIDA Building Regulations. For instance, Regulation 2.50 defines “Podium Parking” as under:

2.50 “Podium Parking” means floor/floors above ground, of maximum 2.4 meters height each below the bottom of beam, if served by a ramp for movement of vehicles for entry and exit from parking area or alternatively mechanized parking as per standard plan by the registered company undertaking such construction and duly approved by the competent authority.

In simple words, the podium comprises those floors, situated above the ground level, dedicated to the parking of vehicles. The various parking levels can be accessed either by way of ‘Ramp’ or a ‘Car Lift’. The maximum floor to ceiling height of each podium parking level should not exceed 2.4 meters.

Podium-cum-Multi-Level Parking Lot in Sector 18, NOIDA (Image Credits: Times of India)

Like-wise, Multi-Level Parking has also been assigned its distinct definition under Regulation 2.37 as below:

2.37 “Multi-Level Parking” means a separate block or a part of any building on a property to be used primarily for parking of vehicles through mechanized or conventional methods.”

Multi-level parking spaces are usually constructed as independent structures separate from the main building. They are designed to provide additional parking spaces to cater to densely populated urban areas. Parking in multi-level parking spaces is usually on chargeable basis and is also open to members of the public.

Chapter 9: Detailed Parking Provisions for Different Types of Plots and Buildings:

Chapter 9 of the GNIDA Building Regulations stipulates exhaustive parking provisions for different types of plots and buildings. Almost every type of parking spaces such as stilt, podium, basement or open-air is permitted. The GNIDA Regulations also permit parking areas below parks and public spaces provided that the green areas are not disturbed.

Basement Parking in Greater Noida:

Sub-Regulation 2 of Chapter 9 of the GNIDA Regulations governs basement parking. Basements can be provided in any type of plot provided that setback requirements are adhered to.

Basement parking can be in one or more levels. It must be adequately ventilated and water-proofed. Trees must be planted in the setback areas to maintain greenery.

Basements can be used only for parking, services like fire rooms and storage of non-hazardous materials. If the basement is used for commercial purposes, it will be chargeable to FAR (Floor Area Ratio).

A typical underground basement parking lot. Basements must have adequate lighting, ventilation and drainage to prevent accumulation of water.

A Brief Overview of Podium Parking Norms:

The GNIDA Regulations permit podiums to be constructed up to two floors in height. They may be used only for parking purposes. For podiums to be permissible, the minimum plot area must be 10,000 square meters.

Every podium constructed must leave a minimum setback of 7.5 meters. The maximum floor to ceiling height of each podium level is 2.4 meters. Each podium level must have open air circulation and should not be sealed by walls. Instead a one-meter jali or mesh may be erected for safety (to prevent people falling off!).

Mechanized Parking Systems – Applicable Guidelines

Mechanized Parking comprises automated machinery designed to facilitate parking and retrieval of cars. In a mechanized parking lot, a person simply has to leave his car in the elevator (car lift), which will automatically store the vehicle in the internal spot. At the time of retrieval, the system will automatically extract the car from its spot and bring it to the owner, who can then step in and drive away.

An Automated, Multi-Level and Mechanized Parking Lot in Green Park, New Delhi

Mechanized parking systems may be provided on any plot having a minimum area of 1000 square meters and facing a road of minimum 18 meters width. Each level must have a clear floor-to-ceiling height of 2.1 meters.

In addition, Mechanized Parking lots must have adequate safety measures for the equipment used in them. Power-backup must be provided by automatic generators (which turn on the moment power goes). The company or contractor managing it should ensure proper maintenance and structural safety at all times.

Legal Issues arising from Parking and How to Resolve Them:

Deficiency of Parking Spaces is the biggest reason for quarrels and conflicts that occur among building residents. For this reason a major chunk of housing society/RWA (Residents Welfare Association) disputes revolve around parking spaces. Therefore before buying a flat the buyer must carefully study the parking plans to determine whether parking space are provided in accordance with law or not.

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Advocate Aditya Pratap
About Advocate Aditya Pratap 64 Articles
Aditya Pratap is a lawyer practising in Mumbai. He argues cases in the Bombay High Court, Sessions and Magistrate Courts, along with appearances before RERA, NCLT and the Family Court. For further information one may visit his website adityapratap.in or view his YouTube Channel to see his interviews. Questions can be emailed to him at aditya@adityapratap.com.