Does the developer have the right to sell and not rent the parking space?

Parking spaces must have property rights, but there are nature problems, and the personal property rights certificate of the parking space cannot be opened, and there are few parking spaces in Qingdao that can be issued with a certificate.

In addition, a key point is the question of who owns the parking space, the ownership of civil air defense belongs to the state, and the right to benefit belongs to the developer; Non-civil air defense, ownership of the developer.

Therefore, the current situation is that the developer basically only sells the right to use the parking space, and the parking space property right certificate is too difficult to obtain.

As for the owner, as long as you don't buy it, the ownership, right to use, and the right to dispose of the parking space have nothing to do with you, and how the developer disposes of it has nothing to do with you. Therefore, there is no parking space and is not allowed to enter, but it is normal, what to do when you go in, and you can't take advantage of others.

However, the parking spaces in the community give priority to the use of the owners of the community, and can be leased to the owners before the sale is completed.

It is exempt from useless use, and it is even more illegal, and it is an infringing use of other people's property.

Generally speaking, parking spaces can be simply divided into two kinds, one is to be able to issue a property right certificate, and the other is not to be able to issue a property right certificate. Therefore, when you buy a parking space, you must keep your eyes open to understand whether you are signing the "Motor Parking Space Purchase Agreement", or the "Parking Space Lease Agreement" or "Use Right Transfer Agreement".

The common parking spaces that cannot be issued with property rights certificates can also be simply divided into two types. One is the parking space that has been included in the shared area. As long as it is included in the public pool, legally speaking, it belongs to the parking space that cannot be issued with a property right certificate, because it is shared by all owners.

Therefore, this type of parking space cannot be purchased as a property right, but can be leased. The other is a civil air defense parking space.

Civil air defense parking spaces are different from other parking spaces and have their particularities. Because the area occupied by the civil air defense parking spaces belongs to the civil air defense project, and the civil air defense project belongs to the construction of the civil air defense project, according to the relevant regulations, the national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement as a civil air defense project is not included in the common construction area.

Therefore, the civil air defense parking space does not belong to the developer, nor does it belong to all the owners, and this type of parking space cannot be purchased for property rights.

Can the civil air defense parking space be rented? According to the current judicial practice, there are two main views on the leasing of civil air defense parking spaces:

Point of view. 1. Some courts hold that no unit or individual has the right to transfer the property rights and use rights of civil air defense projects, and the act of transferring parking spaces for civil air defense projects harms the interests of the state and the interests of the buyer, and even if the two parties sign an agreement on the transfer of the right to use parking spaces, the agreement is invalid.

Point of view. 2. In accordance with the principle of "who invests and who benefits", the developer can obtain rent by leasing civil air defense parking spaces, but the use of civil air defense projects must go through registration procedures.

Therefore, if you want to rent a civil air defense parking space, it is best to obtain permission from the civil air defense department. Moreover, there is a possibility that the rental civil air defense parking space will be requisitioned by the ** department without compensation due to force majeure such as war and natural disasters.

Finally, we should also pay attention to the agreed lease term, according to Article 214 of the Contract Law, which stipulates that "the lease term shall not exceed 20 years." If it is more than 20 years, the excess part is invalid.

Legal analysis: The developer's practice is illegal, and if the negotiation fails, a lawsuit can be filed to protect the legitimate rights and interests of the developer.

Legal basis: Article 274 of the Civil Code of the People's Republic of China Roads within building zoning belong to the owners in common, except for urban public roads. The green space in the building zoning belongs to the owners in common, except for the urban public green space or the individual who is expressly indicated to belong to the hand.

Other public places, public facilities and property service buildings in the construction area shall be jointly owned by the owners.

Legal analysis: The developer has no right to sell parking spaces without property rights.

Legal basis: Civil Code of the People's Republic of China

Article 275: Within building zoning, the ownership of parking spaces and garages planned for parking cars is to be agreed upon by the parties through means such as **, gifts, or leases.

Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

Article 276: Within building zoning, parking spaces and garages planned for parking cars shall first meet the needs of the owners.

The property right parking space is only sold but not rented, and if the parking space does not have the corresponding right to use the construction land, it is illegal. The main basis is as follows:

1. According to Article 15 of the Regulations on the Administration of Urban Real Estate Development and Operation, "real estate development enterprises shall carry out project development and construction in accordance with the land use and development period agreed in the land use right transfer contract"; Developers need to apply for site selection opinions, construction land planning permits, and construction project planning permits for parking lots (libraries) in accordance with regulations. The developer fulfills the above obligations and allows it to transfer the parking lot (library) built in accordance with the law; Before the transfer in accordance with the law, the developer is also allowed to use the parking space set up in the parking lot (library).

2. In accordance with the above provisions, if the developer fails to provide the land use right and two certificates for the construction of the parking lot (Youchen Shenku), it does not comply with the provisions of Article 25 of the "Regulations on the Management of the Development and Utilization of Urban Underground Space", which stipulates that "the underground project shall be based on the principle of "who invests, who owns, who benefits, and who protects the gods", and allows the construction unit to transfer or lease the underground project it invests in and developed and constructed by itself or in accordance with the law; Therefore, the developer is not allowed to transfer the ownership or right to use the parking lot (library), nor is it allowed to use the parking space in the parking lot (library). In fact, the so-called property right parking spaces of the developer or the property company are suspected of fraud.

3. Article 27 of the Law on the Administration of Urban Real Estate stipulates that "the design and construction of real estate development projects must comply with the relevant national standards and norms"; In accordance with the requirements of the mandatory national standards "Code for Planning and Design of Urban Residential Areas" and "Code for Residential Buildings", residential buildings should be equipped with parking lots (garages) for residents, and parking spaces should be allocated according to the proportion of the number of households in each group. In accordance with the provisions of Article 5 of the Interim Measures for the Management of Residential Buildings, supporting the construction of residential car parking lots (garages), the implementation of the urban planning quota indicators issued by the first class, the construction costs are included in the cost, constituting the housing price; The developer collects the sale price, and has sold the residential car parking spaces and garages as a whole, which have become the common property and shared parking facilities of all owners, and there is no property right parking space. In accordance with the provisions of Article 275 of the Civil Code, which stipulates that "the parties shall agree on the use of the shared parking spaces by means of **, gift or lease", the owners shall jointly decide on the use of the shared parking spaces, and the property service provider shall be authorized to agree on the charges with the residents (including residential owners or users) who need to use the parking spaces; Entrust the property service provider to implement the paid acquisition of the right to use the parking space, so as to realize the sharing of benefits by all owners.

Make suggestions in accordance with laws and regulations, hope to help friends, like.

Legal analysis: The developer's practice is illegal, and if the negotiation fails, it is possible to file a lawsuit to protect your rights and interests.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 2 The task of the Civil Procedure Law of the People's Republic of China is to protect the parties in exercising their procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, promptly hear civil cases, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the parties, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of the cause of socialist construction.