Is there a property right to the underground parking space?

The owners share the construction costs and share the property rights proportionally; According to the requirements of the "Air Defense Law", underground air defense fortifications should be built in the development of urban commercial housing. Corresponding to the above three situations, the disposal of parking spaces is also different: the developer has full property rights for sale and rent; For the owner-co-owner, the way of use, the charging standard and the whereabouts of the income shall be decided by the general meeting of owners; The state has property rights for civil air defense fortifications, and they shall not be used by the owners on the premise of not hindering the air defense function and meeting the needs of the owners, and a certain fee may be charged as agreed.

But in reality, most of the owners don't know how many famous halls there are. Even if it is an underground garage that is completely invested and built by developers, ** has been more or less supported, such as land price reduction, etc., some developers will take the parking spaces that have been apportioned, and property management companies will use unclear property rights to lease income. Insiders said.

As a car owner, Tai Qiyang, a sociologist at Yangzhou University, believes that the sale and rental of parking spaces and thus the formation of relative fairness cannot be regarded as a pure commercial behavior. On the one hand, it will help encourage developers to build more parking spaces and garages, relieve the pressure of parking demand, and on the other hand, it will also reduce the conflict of interest between car owners and between car owners and car non-car owners. Now the first thing to solve is to clarify the ownership of property rights in different communities and different parking spaces, and decide on their disposal methods according to the corresponding regulations.

The biggest risk in the purchase and sale of underground parking spaces is property rights", and a number of legal experts were consulted, and they all suggested that the public should be more vigilant in the purchase and sale of parking spaces. The sale and purchase of these co-parking spaces without property rights are not protected by the property law, and the owners of the community have the right to apply to the court to rescind the developer's sales contract for these co-parking spaces. After the contract was cancelled, the owner of the privately sold car parking spaces could only recover the purchase price from the developer.

Once the real estate developer "leaves", there is a risk that the owner's money cannot be recovered. Some developers have not gone through this "right confirmation" procedure for a long time, so that the small owners who have bought parking spaces have never been able to get the property right certificate. If the developer waits for the price of the parking space to increase and then go through the confirmation procedures, sell the parking space for the second time and help the second buyer complete the transfer, then the first buyer will become the one who is driven away.

The law only recognises parking spaces that have been transferred."

If the construction area of the underground parking space (garage) is not apportioned, and the developer obtains the garage property rights alone, the developer can have the property rights of the buyer, but the underground garage can only be pre-sold to the pre-purchaser of commercial housing within the community. This kind of parking space (library) seems to be a matter of course, but it is not. Article 13 of the Measures for the Administration of Urban Housing in Beijing stipulates that:

In accordance with the provisions of the state and the city can be transferred separately underground parking garage and other ancillary buildings, structures are not transferred, shall be specified in the real estate transfer contract; If it is not specified, it shall be deemed to be transferred together" That is to say, in the house sale contract, the developer must state that the property rights of the underground parking spaces (garages) in the community are transferred separately and are not sold with the house. If there is no similar textual description, the underground parking space (garage) should also be owned by the owner according to the share, and its income should also belong to the owner.

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.

The tenure of a parking space with property rights is 70 years, and the service life of a parking space without property rights is 20 years. Parking spaces with property rights can be traded for property rights, and the ownership, use and inheritance rights of the property owner of the parking spaces can be established, and they can also be transferred, leased, mortgaged and otherwise disposed of in accordance with the law. The developer has built an underground garage and obtained the property right of the garage, and can entrust the property management company to rent and sell the parking space.

Parking spaces without property rights can only be transferred to the right of use, which is generally obtained through an agreement, and the right to use the parking space will be extinguished at the expiration of the lease term.

Parking spaces with property rights can be traded for property rights, and the ownership, use and inheritance rights of the property owner of the parking spaces can be established, and they can also be transferred, leased, mortgaged and otherwise disposed of in accordance with the law. The developer has built this garage and obtained the property right of the garage, and can entrust the property company to rent and sell parking spaces. Rolling blue parking spaces without property rights can only transfer the right to use, generally through the agreement to obtain the right to use the parking space, when the lease period expires, the right to use will be lost.

Underground parking spaces have the following situations: 1. If the underground parking space is listed as a shared area, the parking space belongs to the ownership of the whole community, and the developer has no right to ** parking space. 2. If the underground parking lot is not listed as a shared area, and it is the developer's sole property right, then the underground parking space has property rights, and the developer can ** the property rights of the underground parking space, and this kind of parking lot can also be purchased.

3. In addition to ordinary parking spaces, there are some underground parking spaces that belong to civil air defense parking spaces, which cannot be used, and the project is compulsory by the state and cannot handle property rights.

Underground parking spaces have property rights. The area of the underground parking space shall be apportioned to all owners; If the underground parking space is not apportioned and the developer obtains the property right of the parking space separately, it shall be owned by the developer; The underground parking spaces that belong to the civil air defense projects that are compulsory by the state are owned by the state.

[Legal hand banking basis].Article 275 of the Civil Code.

In the building zoning, the ownership of the parking spaces and garages planned for parking the car shall be agreed by the parties through **, gift or lease. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

Article 344.

Article 345.

The right to use construction land may be established on the surface, above ground or underground.

Underground parking spaces are divided into different types of mountain books, some of which have property rights, and some of which have no property rights, specifically the following, these kinds of things must be consulted with the developer first when buying, if you can't handle the property right certificate, it means that there is no property right, and you can't **.

1. There is no agreed underground parking space.

If the developer does not specify the ownership of the underground parking space in the sales contract, the property rights of the underground parking space cannot be handled without the agreement, and the income should also be attributed to the owner according to the share.

2. Underground parking spaces that have been shared.

Because it has been included in the shared area, it is equivalent to the area of the underground parking space has been allocated to each owner again, which is equivalent to repeated money, this kind of parking space can not get the property right certificate, and the property right belongs to the owner, strictly speaking, the owner only needs to pay the management fee to be able to use.

3. Civil air defense engineering.

The construction of underground civil air defense projects can be transformed into underground parking spaces, but can not apply for real estate certificates, can only be used in the form of lease, the maximum time of 20 years to generate income to all owners.

4. Property right parking space.

Is there a title deed for the underground parking space in the community?

1. If the underground parking garage is not reconstructed by civil air defense engineering, and at the same time is not included in the shared area of the community, it can generally apply for the property right certificate. If the underground garage is built by the developer at his own expense, he has the right to ** or rent it. In addition, there is also a situation where the underground parking space sold by the developer or the property belongs to the civil air defense project, but it is only approved to be changed into a temporary parking space.

2. The underground garage of the general community is used as a public supporting facility in the community, and cannot be bought and sold separately, but this kind of garage can be rented. Only garages approved on the construction planning permit can apply for a title deed. Because some garages belong to civil air defense parking spaces, such parking spaces do not have property rights certificates.

3. But if you buy an independent villa but a garage on the first floor, such a house generally cannot handle the independent property rights of the garage.

4. However, a small number of cases may be handled, which depends on the situation. For example, if there are parking spaces under the townhouse, multiple buildings are used, although it is also a villa, but the developer can divide the garage on the first floor and apply for independent property rights when declaring. This allows them to be sold separately.

It's possible that your living room is under your garage and your bedroom is someone else's garage.

5. The property rights of the planned parking spaces and garages in the building zoning belong to the developer, and the real estate developer can obtain the property rights according to the procedures after obtaining the relevant planning permission and carrying out the development and construction according to the planning permission, and can carry out **, gift or lease.

Is there a property right to the underground parking space?

Under normal circumstances, there is, as long as the underground parking lot is approved and approved by the authorized unit, it has property rights. This kind of parking space is generally registered by the developer, and its service life needs to be determined according to the use of the property rights of the house. However, if it is not approved by the authorized unit, and the area is classified as a parking space in the shared area, there will definitely be no property rights.

What are the precautions for buying a parking space?

1. Clarify the property rights of parking spaces.

When buying a parking space, we must first look at the ownership of the parking space, if the parking space can not handle the property right certificate, it means that the parking space can not be put into the market for sale. At the same time, if the parking space is a public facility, then it is owned by all the owners, and the developer cannot sell or rent the parking space.

2. The relevant rules of the parking space should be written into the contract.

When the buyer signs the purchase contract, if the parking space and the house are pre-purchased together, the intercession of the parking space, such as location, parking space number, parking space area and parking space **, etc., must be included in the contract, and it is best to include the floor plan, and also note the solution if there is an objection.

3. Pre-sale parking spaces must obtain a pre-sale permit.

Whether it is to buy a house or buy a parking space, the developer needs to obtain a pre-sale permit, and the buyer of the mountain trail also needs to pay deed tax and maintenance**, so the buyer must pay attention when buying.

4. You can't use provident fund loans to buy parking spaces.

For friends who want to use the provident fund to buy a collapsed parking space, it should be noted that the provident fund cannot be used to buy a parking space. Therefore, you must pay more attention before buying to avoid unnecessary troubles in the later stage.