Is it legal to sell underground parking spaces in the community?

Illegal. In the transfer of the land in the secondary market, the developer has transferred all the ownership of the land to all the owners of the community, and the land occupied by the community and all the buildings on the ground have belonged to all the owners. The developer then sells the parking space to the owner, which is actually a piece of land that is sold to you twice.

The developer has breached the transfer contract signed with ** in the transfer of the land in the primary market. It is a violation.

When planning and designing the community, if the parking space that has been approved by the planning department for construction can be bought and sold, but it is not in the planning and design, but the green space and public roads in the community are changed to parking spaces, and the fee is charged for buying and selling, it is illegal. The ground and green space of the community are jointly owned by the owners, and others are not allowed to encroach on and buy or sell.

Legal Ah, the developer invested in the construction, naturally can be **. Generally, you have to pay attention to whether you buy property rights or use rights, and 100,000 yuan should be property rights.

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Legal analysis: Underground parking spaces with property rights certificates can be bought and sold. However, in the following cases, the parking space belongs to all the owners, and the developer has no right to **:

1) The developer has included the construction area of the underground garage when calculating the shared area; (2) the cost of building an underground garage is included in the cost of residential development; (3) The function of the garage as a public supporting facility has been clarified in the planning of the community.

Legal basis: Article 275 of the Civil Code of the People's Republic of China The ownership of parking spaces and garages planned for parking cars in building zoning shall be agreed upon 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.

If the needs of the owner are not met, it is not legal to place the underground parking space in the community**. According to the provisions of Article 275 of the Civil Code, the ownership of parking spaces and garages planned for parking cars in the building zoning shall be agreed upon by the parties through **, gift or lease. Parking spaces that occupy roads or other Zhiyin sites jointly owned by the owners for parking cars belong to the owners.

Article 276 stipulates that within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners. Article 275 of the Civil Code stipulates that within the building zoning, the ownership of parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gift or lease. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars in Chachun belong to the owners in common.

Article 276 of the Civil Code shall first meet the needs of the owners within the building zoning of the building space and garage planned for parking cars.

After people buy a house, they will face the problem of parking spaces. Some community parking spaces can be rented, and some community parking spaces are only sold but not rented. So is it legal for the developer's ** community to have underground parking spaces? Next, let's introduce the relevant content to you, let's find out together.

1. According to the relevant regulations of our country, the parking spaces planned within the community should first meet the needs of the owners. The ownership of the planned parking space can be obtained by means of **, lease or gift, so the garage can be used for buying and selling, mainly depending on how the contract is agreed on the garage. The specific transaction** is also subject to negotiation between the parties to the transaction, but the developer should use the market price as a reference.

2. Underground parking spaces with property rights certificates** are legal and can be purchased. When the developer sells underground parking spaces, the first thing to see is whether the developer has the right to ** parking spaces, and the underground parking spaces in the following situations belong to all the owners: (1) The construction cost of the underground parking space is included in the residential construction cost; (2) The developer counts the construction area of the underground garage in the shared area; (3) The planning has made it clear that the underground garage is a public supporting facility.

In these cases, there is no property right in the parking space, and it is not possible.

3. For parking spaces without property rights, the owner obtains not the property right certificate, but the contract. Buying such a parking space is not protected by law, and it is difficult to maintain your legitimate rights and interests in the future. Only the parking spaces that have obtained property rights can be mortgaged, leased, transferred and ** in accordance with the law.

4. There is also an underground parking space is a civil air defense parking space, and the property rights of this parking space belong to the first place. According to the relevant provisions of the Civil Air Defense Law of the People's Republic of China, civil air defense projects are managed by investors, and the profits are also owned by investors.

The developer's investment has been transferred to all owners along with the land use right, so the income of the civil air defense parking space should be regulated by all owners, and it is illegal for the developer to sell the civil air defense parking space.

Summary: Civil air defense parking spaces can be mainly determined by the authorization of civil air defense, if the developer is an investor, then the developer enjoys the right to benefit from civil air defense parking spaces. All in all, parking spaces with property rights** are legal, and parking spaces without property rights are not protected by law.