Short Answer

During redevelopment, parking spaces and common areas are managed according to the terms of the redevelopment agreement and the approved redevelopment plan under the Gujarat RERA Act, 2016 and Gujarat Cooperative Societies Act, 1961.

Members are entitled to equivalent or better parking facilities in the new building and have continued rights over all common areas (like open space, clubhouse, or garden).

Temporary arrangements for parking and access are usually made by the developer at no extra cost to the members during the construction period.

Detailed Explanation

When a housing society undergoes redevelopment, the building and common areas are demolished and reconstructed.

During this process, parking rights and access to common facilities must be preserved, compensated, and restored for all members after completion.

The Gujarat RERA Act and Model Redevelopment Guidelines ensure that the developer cannot reduce or sell common areas separately, and that every member retains ownership rights to shared spaces proportional to their flat ownership.

• Legal Framework:

(a) Gujarat RERA Act, 2016 – Section 11(4)(e):

The promoter (developer) must not make any alterations in the layout plan or common areas without the written consent of at least two-thirds of the members.

This ensures that parking and other common amenities agreed upon before redevelopment are preserved or improved in the redeveloped project.

(b) Section 14 – Rights of Allottees:

Every allottee (member) is entitled to the use of common areas and facilities as per the sanctioned plan and redevelopment agreement.

The developer is obligated to hand over these spaces to the society free from encumbrances after project completion.

(c) Gujarat Cooperative Societies Act, 1961 – Section 73 & 74:

The managing committee must take member approval in a general meeting before finalizing the redevelopment plan, including the parking layout and allocation policy.

Once redevelopment is completed, the society becomes the collective owner of all common areas as before.

• Handling Parking During Redevelopment:

Stage Action / Rights

Before Redevelopment Existing parking (open or stilt) is documented and mapped for each member.

During Construction The developer must provide temporary parking or reimburse parking rent if alternate space is unavailable.

After Redevelopment Each member receives equal or improved parking allocation as per the new sanctioned plan — typically one stilt or basement parking per flat.

Builders cannot sell or reallocate existing members’ parking spaces to outsiders.

Any additional parking spaces (like extra basement or mechanical parking) may be sold only after all members receive their entitled parking.

• Handling Common Areas During Redevelopment:

Common Areas Member Rights and Builder Obligations

Clubhouse / Gym / Garden Must be rebuilt and handed over to the society as per the approved plan.

Lifts / Corridors / Lobby Must meet building code standards and be included in the project’s final handover.

Open Space / Terrace Cannot be sold to outsiders or reserved for specific flats. Remains property of the society.

Visitor Parking / Community Hall Developer must restore or improve these facilities as per new building design.

• Temporary Relocation Arrangements:

During demolition and construction:

Members vacate flats and parking areas as per the redevelopment agreement.

The builder provides alternate accommodation or rent (as per Section 11 of the RERA Act).

If parking facilities are affected, the builder must arrange temporary parking space in nearby locations (e.g., rented plots or basements).

These costs cannot be passed on to members.

• Step-by-Step Process to Protect Member Rights:

Document existing parking and amenities before handing over the property.

Include clear clauses in the redevelopment agreement about parking, open spaces, and amenities.

Obtain two-thirds majority approval in the General Body Meeting before signing with the developer.

Ensure RERA registration of the redevelopment project with the full layout plan attached.

Inspect final possession to confirm that parking and common areas match the approved plan.

• Real-world Scenarios

Scenario 1: In Ahmedabad, a society with 40 flats had 30 stilt parking spaces. During redevelopment, the builder provided temporary open parking in a nearby plot and delivered one basement parking per flat post-completion.

Scenario 2: In Surat, members discovered the builder tried to sell additional basement parking to outsiders. RERA intervened and ordered that all parking be allotted only to society members.

Scenario 3: In Vadodara, the builder temporarily provided alternate parking at his cost in a nearby compound until the new structure was ready.

References

Gujarat RERA Act, 2016 – Sections 11(4)(e) & 14: Official PDF

Gujarat Cooperative Societies Act, 1961 – Sections 73 & 74: Official PDF

Urban Development & Housing Department – Model Redevelopment Guidelines (2020)

Supreme Court Judgment – Nahalchand Laloochand Pvt. Ltd. vs Panchali Cooperative Housing Society (2010): Parking areas are part of common areas and cannot be sold separately.