---
title: "Can You Rent or Buy Extra Condo Car Parks in Malaysia 2026? Strata Rules"
description: "An accessory parcel car park cannot be sold or dealt with apart from its unit (Strata Titles Act s.34(2), s.69). What you can do: JMB/MC bays, by-laws, costs."
datePublished: "2025-12-09"
dateModified: "2025-12-09"
canonical: "https://www.superhomes.my/resources/condo-car-park-rental-buy-bay-malaysia-2026"
---

# Can You Rent or Buy Extra Condo Car Parks in Malaysia 2026? Strata Rules

**Can You Rent or Buy Extra Condo Car Parks in Malaysia 2026? Strata Rules**

You generally cannot buy an extra condo car park on its own. A bay registered as an accessory parcel belongs to its unit and, under sections 34(2) and 69 of the Strata Titles Act 1985, cannot be sold or dealt with independently of it. The realistic options are bays the JMB or MC lets out from common property, or the developer's unsold bays where your SPA allows.

Parking is a daily pain point in dense condo areas such as [Mont Kiara](/area/kuala-lumpur/mont-kiara) and [Cheras](/area/kuala-lumpur/cheras), where two-car households are common but many units came with one bay. This guide explains the three kinds of car park you will find in a strata development, what the law lets you do with each, how to rent a bay properly, how by-laws handle wrongful parking, and the questions to ask before you buy a unit.

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## The Three Kinds of Condo Car Park

| Type | Who owns it | Can it be sold on its own? | Can someone else use it? |
| :--- | :--- | :--- | :--- |
| **Accessory parcel** (shown on your strata title) | You, as part of your parcel | No: s.34(2) and s.69, Strata Titles Act 1985 | Must be used with the main parcel; renting it out separately has been held unlawful (see below) |
| **Common property bay** | All owners, through the JMB or MC | No; it stays common property | The JMB/MC may allocate or let it under its by-laws and general-meeting resolutions |
| **Visitor bay** | Common property | No | For visitors under the house rules; usually no overnight resident parking |

Sources: Strata Titles Act 1985 (Act 318) ss.34(2) and 69; Strata Management Act 2013 (Act 757), checked 5 Oct 2026.

### Accessory parcels
An accessory parcel is a part of the building, such as a car park bay or a storage space, that is shown on the approved strata plan as attached to a particular parcel. Section 34(2) of the Strata Titles Act 1985 says no rights in an accessory parcel may be dealt with or disposed of independently of the parcel it is attached to, and section 69 repeats that no accessory parcel, or any share or interest in it, may be dealt with independently of its parcel.

In plain terms: when you sell the unit, the bay goes with it; you cannot sell the bay alone, and a buyer cannot purchase only a bay.

### What the courts have said about renting accessory bays
In *Target Term Sdn Bhd v Waldorf and Windsor Management Corporation* [2022] 2 AMR 712, the High Court held that renting out accessory car parks separately from their parcels was a tenancy that breached sections 34(2) and 69 (as summarised by Skrine, checked 5 Oct 2026). That case concerned a large block of bays let commercially, but its reasoning means an informal arrangement to rent your accessory bay to a neighbour carries legal risk, and your MC may refuse to recognise it or issue access cards for it.

### Common property bays
Many developments have bays that were not made accessory parcels. These are common property. The JMB (before strata titles are issued) or the MC (after) manages common property under the Strata Management Act 2013. Under section 70(2) of the Act, read with the Strata Management (Maintenance and Management) Regulations 2015, an MC may make additional by-laws by special resolution to regulate the use of common property, which is how most buildings set up parking allocation and rental schemes (Strata Management Act 2013, s.70(2), checked 5 Oct 2026). A JMB has a parallel power under section 32.

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## Your Options for a Second Car

1. **Rent a common property bay from the JMB or MC.** Ask the management office whether there is a parking scheme, the waiting list, the monthly charge and the access-card deposit. Rates are set by each building's resolution, so there is no standard figure.
2. **Ask the developer about unsold bays.** In some projects the developer still holds bays that were not sold with units. Whether these can be sold, and on what terms, depends on the strata plan and your SPA. Have a lawyer check before you pay anything.
3. **Use season parking nearby.** Many condo areas have commercial car parks or council parking offering monthly season passes.
4. **Buy or rent a unit with two bays.** If you are still choosing, filter for units whose strata title or SPA schedule lists two accessory parcels.

What you should **not** do is pay someone for "their" accessory bay on an informal agreement, or park overnight in visitor bays. Both can leave you with a clamped car and no legal standing.

---

## Worked Example: Comparing Costs for a Second Car

Take a two-car household renting a unit with one bay in [Bukit Jalil](/area/kuala-lumpur/bukit-jalil). The figures below are illustrative assumptions for comparing options, not quoted rates; plug in your own building's numbers.

| Option | Monthly cost (assumed) | Upfront | Annual total |
| :--- | :--- | :--- | :--- |
| MC common-property bay | RM150 | RM100 access-card deposit (refundable) | RM1,800 |
| Season parking at a nearby mall | RM120 | Nil | RM1,440 |
| Moving to a two-bay unit | Rent difference of RM200 | Extra deposit of 2 months' difference = RM400 | RM2,400 |

On these assumptions the season pass is cheapest by RM360 a year against the MC bay, but you trade convenience and security for the saving. The two-bay unit costs RM600 a year more than the MC bay, yet removes waiting-list risk. If your building has a long waiting list for MC bays, season parking is the realistic short-term fix.

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## Wheel Clamping, Fines and By-laws

The house rules for parking come from the by-laws: the Third Schedule by-laws under the Strata Management (Maintenance and Management) Regulations 2015 apply to every scheme, and an MC may add its own additional by-laws by special resolution under section 70(2) of the Strata Management Act 2013. Typical parking rules cover:

- Parking only in your own accessory bay or an allocated bay
- No overnight resident parking in visitor bays
- Registration of vehicles and access cards with management
- Clamping and release charges for vehicles parked in breach

Whether a particular clamping practice or charge is lawful depends on how it was adopted and what the by-laws say. If you are clamped, ask management for the by-law clause and the resolution that adopted it. Disputes over by-laws and their enforcement can go to the Strata Management Tribunal.

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## Tenants: What to Ask the Landlord

If you rent rather than own, parking problems usually come from vague tenancy agreements. Before signing:

- **Ask which bay numbers come with the unit** and write them into the tenancy agreement.
- **Ask whether the bays are accessory parcels or allocated common property.** An allocated bay can be changed by the MC; the landlord should tell you if a reallocation is pending.
- **Confirm how many access cards or vehicle stickers you will receive**, the deposit for each, and the charge for replacements.
- **Ask whether the building has a waiting list for extra bays** and whether tenants are eligible or only owners.
- **Check the house rules on visitor parking** so guests do not get clamped.

Getting these points in writing avoids the most common dispute: a tenant who assumed two bays and was given one.

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## Before You Buy: Parking Checks

1. **Read the strata title or SPA schedule.** It lists the accessory parcel numbers attached to the unit. A unit marketed as "with 2 car parks" should show two accessory parcels, or a clear allocation by management.
2. **Ask whether bays are accessory parcels or allocated common property.** Allocated common-property bays can be reallocated by the MC; accessory parcels stay with the title.
3. **Check the building's parking scheme.** Ask for the current rates, waiting list and by-laws for extra bays.
4. **Check EV-charging rules** if you plan to buy an electric car; charging in a strata car park needs management approval (see our EV guide below).

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## Frequently Asked Questions (FAQ)

### Q: Can I buy an extra parking bay in my condo?
Not an accessory parcel bay on its own. Sections 34(2) and 69 of the Strata Titles Act 1985 bar dealing with an accessory parcel independently of its unit. You may be able to rent a common-property bay from the JMB or MC, or buy an unsold developer bay if the strata plan and your SPA allow it.

### Q: Can I rent out my accessory car park to another resident?
It is legally risky. In Target Term Sdn Bhd v Waldorf and Windsor Management Corporation [2022], the High Court held that renting accessory car parks separately from their parcels breached the Strata Titles Act. Check your by-laws and take legal advice before entering any such arrangement.

### Q: Can a landlord keep the car park when renting out the unit?
The bay is part of the landlord's parcel, so a tenancy can state that the tenant may not use it. But letting that bay separately to someone else raises the same accessory-parcel risk, so confirm with management before doing it.

### Q: How do I know if my car park is an accessory parcel?
Look at your strata title or the schedule to your SPA. Accessory parcels are listed with their own numbers alongside your main parcel. If the title has not been issued yet, the SPA schedule and the developer's proposed strata plan will show them.

### Q: Who decides the rent for JMB or MC parking bays?
The JMB or MC, under its by-laws and general-meeting resolutions. An MC can make additional by-laws on the use of common property by special resolution under section 70(2) of the Strata Management Act 2013.

### Q: Can management clamp my car for parking in a visitor bay overnight?
Many buildings have by-laws allowing clamping for breaches of parking rules. If you are clamped, ask for the specific by-law and the resolution that adopted it. Disputes can be filed with the Strata Management Tribunal.

### Q: Can the MC take away a bay allocated to me?
If the bay is common property allocated under a scheme, the MC can change the allocation through the proper resolution process. An accessory parcel on your title cannot be taken away by the MC.

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## Related Resources
- **Strata bodies explained:** [JMB vs MC in Malaysia](/resources/jmb-vs-mc-strata-malaysia-2026).
- **Maintenance costs:** [Strata Maintenance Fees & Sinking Fund](/resources/strata-maintenance-fees-sinking-fund-malaysia-2026).
- **Resolving disputes:** [Strata Management Disputes in Malaysia](/resources/strata-management-dispute-malaysia).
- **EV charging:** [Installing an EV Charger in a Condo](/resources/ev-charging-station-condo-jmb-approval-malaysia-2026).
