Updated 19 October 2026. We re-read the tribunal report, the weekly RERA digest that carried it again on 17 October and the definitions in the RERA Act. Explainers that rank for this search mix Maharashtra and Tamil Nadu rulings and cite cases that cannot be traced. This guide gives the order's date and appeal number, quotes the Act, separates what can and cannot be charged, and sets out the steps to check your papers and claim a refund.

What the tribunal decided on 16 September 2026

The bench of Chairperson Justice M. Duraiswamy and Judicial Member K. Babu dismissed a promoter's appeal against a TNRERA order (LiveLaw Biz, 22 September 2026). The facts, as reported:

  • The buyer booked a flat in October 2017. The allotment letter showed the project cost and, on a separate line, a covered parking charge of ₹2.36 lakh including GST.
  • The construction agreement fixed the construction cost with no parking charge in it, and the sale deed did not record the parking amount.
  • The promoter argued it had not sold an exclusive space, the price covered amenities, covered parking was optional and it could recover proportionate costs. None of these succeeded.
  • The tribunal relied on the Supreme Court's decision in Nahalchand Laloochand v. Panchali Co-operative Housing Society and held that collecting money for stilt parking, and allotting it, was not in accordance with law.
  • The promoter's pre-deposit of ₹3.88 lakh, made under Section 43(5) of the RERA Act to file the appeal, was released to the buyer with any interest accrued.
  • TNRERA had rejected the buyer's separate claims on GST input-tax credit and on alleged excess area; only the parking refund was allowed.

Is stilt parking a common area under RERA?

The RERA Act lists what counts as common areas. Section 2(n)(iii) includes 'the common basements, terraces, parks, play areas, open parking areas and common storage spaces'. Section 2(y) defines a garage as a place with a roof and walls on three sides for parking a vehicle, and says it does not include an unenclosed or uncovered parking space such as an open parking area.

The Supreme Court's Nahalchand ruling, which the tribunal applied, treated stilt parking as part of the common areas rather than a flat or garage that can be sold separately. The result: open and stilt parking belong to all the owners in common. The promoter can allot their use, but cannot charge a price for them as though they were a separate unit.

What can and cannot be charged for parking

  • Open parking in the compound · common area · cannot be sold separately.
  • Stilt parking under the building · common area as applied by the TN tribunal · cannot be sold separately.
  • Basement parking · common basements are listed as common areas · ask how your slot is described before paying anything for it.
  • Garage (roof plus walls on three sides) · not a common area under Section 2(y) · can be sold, with its own price in the agreement.
  • Mechanical or stack parking · not separately addressed in the sources we checked; ask the promoter in writing how it is described and priced.

Is car parking included in carpet area or the flat price?

Not in carpet area. Section 2(k) defines carpet area as the net usable floor area of the apartment, excluding external walls, service shafts, exclusive balconies and exclusive open terraces. Parking is outside the flat altogether.

Whether it is in the price is a matter of your paperwork. Many promoters now quote an all-inclusive price and allot a slot; others list parking on a separate line. If a separate line appears for open or stilt parking, ask what it is for, and ask for it to be removed or recorded as a refundable deposit before you sign.

How to check your own cost sheet and papers

  • Booking form and allotment letter: look for any line called car park, covered parking, reserved parking or similar, and whether GST is charged on it.
  • Agreement for sale (or construction agreement): does it repeat the parking charge, or leave it out? In the tribunal case, the separate line appeared only in the allotment letter, and that was enough.
  • Sanctioned plan: see whether your slot is in the stilt, open, basement or an enclosed garage.
  • Parking allotment letter: it should identify a slot by number. Allotting the use of a common slot is normal; charging a price for it is the issue.
  • Payment receipts: keep the receipt for the parking amount and the GST invoice.
  • TNRERA registration: note the project's registration number for any complaint.

How to get a refund of parking charges in Tamil Nadu

  • Write to the promoter first, quoting the receipt and asking for a refund. Keep proof of delivery.
  • If there is no refund, file a complaint with TNRERA online, under the project's registration number, attaching the allotment letter, agreement, receipts and your letter.
  • Ask for the refund with interest. In this case the interest ordered was SBI's highest marginal cost of lending rate plus 2% a year (IBC Laws, 17 October 2026).
  • If either side appeals, the case goes to the Tamil Nadu Real Estate Appellate Tribunal. A promoter appealing an order to pay must first deposit the amount under Section 43(5); here, that deposit was released to the buyer.
  • Each case turns on its own documents. For a large amount, take advice from a lawyer who practises before TNRERA.

Who owns the parking: builder or association?

Common areas pass to the association of allottees. In a separate appeal carried in the same 12–17 October digest, the tribunal directed a promoter to convey the common areas and hand over original title documents to the owners' association under Section 17 of the Act (IBC Laws, 17 October 2026). Once the association takes over, it sets the rules for how common parking is allotted and used.

Ask for an all-inclusive cost sheet: listings to compare

Whichever project you are considering, ask for one cost sheet with every charge listed, including parking, GST and any deposit. These Chennai listings are named only as places to start that conversation; nothing here describes their parking terms.

Related reading

The same question in Karnataka: Car Parking Charges in Apartments Bangalore: Law and Checks. Floor-rise and location charges explained: Floor Rise Charges and PLC Explained: How They Are Calculated, GST, and How to Negotiate (2026). The full legal checklist for a Chennai flat: Legal Steps to Buy a Flat in Chennai: The 2026 Checklist. What TNRERA requires at handover: Chennai Flat Handover 2026: TNRERA's New Completion Rules. Browse Chennai apartments: Apartments, Chennai.