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Anonymous users2024-02-11The difference between a parking space with property rights and a parking space without property rights:
1. The property right period of the parking space with property rights is generally 70 years, and the parking spaces without property rights only have the right to use for 20 years.
2. Parking spaces with property rights can be traded, and parking spaces without property rights can only be used for transfer.
The ownership of various types of parking spaces in residential communities is as follows:
1.The underground property right parking space of the community is a parking space that meets the project approval and planning conditions and has gone through the land transfer procedures, and can handle the ownership certificate. The second paragraph of Article 74 of the Property Law stipulates that within the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gift or lease.
This part of the parking space meets the requirements of the exclusive part of the property law, and belongs to the construction unit of the parking space or the purchaser of the parking space. The owners of the residential areas can become the exclusive property owners of the parking spaces by signing a contract with the developer and completing the registration procedures for the transfer of ownership.
2.The underground civil air defense parking space in the community belongs to the parking space built in the civil air defense project of the community and used for parking in non-wartime. Article 52 of the Property Law stipulates that national defense assets belong to the state.
Article 9 of the Rules for the Calculation of the Sales Area of Commercial Housing and the Apportionment of the Common Building Area stipulates that the basement of the civil air defense project is not included in the common construction area. From the above provisions, it can be seen that the civil air defense parking space is exercised by the civil air defense management department on behalf of the state, and this kind of parking space can not apply for property right certificates, and the ownership does not belong to the developer, nor to all owners.
3.The above-ground parking space in the community is built in the above-ground space of the community and is a parking space set up to meet the temporary parking of vehicles. There are two types of above-ground parking spaces, one is the parking space planned and constructed in the building zoning of the community, and the other is the new parking space added by the developer outside the plan.
Paragraph 3 of Article 74 of the Property Law stipulates that: "Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common." Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Disputes over the Differentiated Ownership of Buildings further clearly stipulates that:
Parking spaces added on roads or other sites jointly owned by the owners shall be deemed to be parking spaces as referred to in paragraph 3 of article 74 of the Property Law if they occupy additional parking spaces on roads or other sites that are planned to be used for parking cars in building zoning. "Therefore, the parking spaces planned for construction in the building zoning belong to the developer; The new parking spaces in the building zoning in addition to the parking spaces planned for parking cars, and occupy public land, belong to the owners of the community.
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Anonymous users2024-02-101. The service life is differentThe normal service life of a parking space with property rights is 70 years, while the service life without property rights is 20 years, which is a leasing behavior, only the right to use, and the property rights need to be purchased after the end of the period.
2. Transactions are different: Parking spaces with property rights can be traded at any time to achieve the freedom of buying and selling, while parking spaces without property rights cannot be traded and transferred.
3. The right to use is differentParking spaces with property rights can be transferred, such as inheritance, gift use, etc., while parking spaces without property rights can only transfer the right to use and rent the parking spaces to others. And at the end of the lease term, the right to use it disappears.
The above content refers to Encyclopedia - Parking Space Property Rights.
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Anonymous users2024-02-091. The property right period of the parking space with property rights is generally 70 years, and the parking spaces without property rights only have the right to use it for 20 years.
2. Parking spaces with property rights can be traded, and parking spaces without property rights can only be used for transfer.
3. Rights. For parking spaces with property rights, the property owner shall establish the ownership, use and inheritance rights of the parking space through property rights registration; If there is no property right for a parking space, the right to use the parking space is generally obtained through an agreement, and the right to use it will be extinguished at the expiration of the lease term.
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