How long is the right to use the civil air defense parking space?

The state encourages civil air defense projects to be combined with peacetime and wartime, and civil air defense projects that must be built can be leased. It does not mean that the ownership cannot be transferred, and the real estate department does not issue the property ownership certificate for the civil air defense project that must be built. For a period of time, some developers have been in a hurry to pay the best cost, driven by interests to no longer rent out civil air defense parking spaces on a monthly basis, but instead forcibly to the owners in the form of long-term leases or gifts, etc., to the owners in disguised civil air defense parking spaces, damaging the authority of the law and the public interest.

Of course, there is also a situation here, some developers have built some more civil air defense projects beyond the mandatory construction obligations, and these over-built civil air defense projects can be built and can obtain property rights certificates, and the property rights are the same as those of ground buildings.

The property right parking space can be bought and sold, and its service life is generally consistent with the land use right of the house; Some civil air defense projects can be built, but most of them cannot, depending on the specific construction of the project. The civil air defense parking space within the construction range can not be bought and sold, although it can be leased, but its lease period shall not exceed 3 years. The "Jiangsu Provincial Property Management Regulations", which came into force on May 1, 2013, clearly stipulates:

If the civil air defense project built in accordance with the law in the property management area is usually used as a parking space, it shall be open to all owners, and the lease term shall not exceed three years, and the parking space shall not be gifted. Other areas can consult the local air defense supervision department.

According to Article 214 of the Contract Law, "the term of the lease shall not exceed 20 years. If it is more than 20 years, the excess part is invalid.

But each area is different. Jiangsu for 3 years. Anhui 3 years... Beijing, Shanghai... 20 years;

- Jiangsu Provincial Property Management Regulations clearly stipulate that if the civil air defense project built in accordance with the law in the property management area is usually used for parking, it shall be open to all owners, and the lease term shall not exceed three years, and the parking space shall not be gifted.

Other areas can consult the local air defense supervision department.

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.

Legal analysis: Civil air defense is a civil air defense basement built by a development project in accordance with relevant requirements, which is used to shelter residents in wartime or major disasters. Property rights do not belong to the owner or to the developer, property rights belong to the state. There is no difference in the service life of Huai.

Legal basis: "Full text of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights" Article 10 The maximum term of land use right transfer shall be determined according to the following purposes:

1) Residential land for 70 years. (2) Fifty years of industrial land. (3) Fifty years of land for education, science and technology, culture, health, and sports. (4) Commercial, tourism and entertainment land for 40 years. (5) Fifty years for comprehensive or other land use.

Legal analysis: Guess the source of the mu civil air defense parking space: civil air defense is the development project according to the relevant requirements, the construction of civil air defense basement, for wartime or major disasters to avoid residents. Property rights do not belong to the owner or to the developer, property rights belong to the state. No useful life.

Legal basis: "Zhongsui Senhua People's Republic of China Urban Real Estate Management Law".

Article 37 The transfer of real estate refers to the act of the owner of real estate rights transferring his real estate to others through sale, gift or other lawful means.

Full text of the Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights

Article 10 The maximum term of land use right transfer shall be determined according to the following purposes:

1) Residential land for 70 years.

(2) Fifty years of industrial land.

3) 50 years of land for education, science and technology, culture, health, and sports;

(4) Commercial, tourism and entertainment land for 40 years.

(5) Fifty years for comprehensive or other land use.

Legal analysis: At present, the term of the civil air defense project use certificate is 5 years. Civil air defense is the civil air defense basement built by the development project in accordance with the requirements of the "Civil Air Defense Law", and the property rights do not belong to the owner or the developer, and the property rights belong to the state.

No useful life. In order to encourage the development and construction of the drum shed to do civil air defense, the civil air defense is not up to standard during the project planning, and it will not be approved, or it will have to pay the civil air defense compensation fee separately to build in other places, and the compensation fee is different in different cities and different areas.

Legal basis: Civil Air Defense Law of the People's Republic of China

Article 4 The expenses for civil air defense shall be borne jointly by the State and society.

The civil air defense expenses borne by the ** shall be included in the ** budget; The civil air defense expenses borne by the local people at and above the county level shall be included in the local budgets at all levels.

Relevant units shall bear the costs of civil air defense in accordance with state regulations.

All organizations and individuals have the right to receive civil air defense protection, and they must fulfill their civil air defense obligations in accordance with the law.

Civil air defense parking spaces, property rights belong to the state, can only be leased, the use period shall not exceed 20 years.

Civil air defense parking spaces are developers in accordance with the provisions of the Civil Air Defense Law, the construction of underground civil air defense projects, and then transform them into parking spaces, the property rights of this kind of parking spaces belong to the state, can not be rented out. The right to use the civil air defense parking space is authorized by the city's civil air defense office to the construction agency of the building, and the construction agency can transfer the right to use the civil air defense parking space to relevant individuals and institutions. The term of transfer may not exceed 20 years and the state may be subject to compulsory expropriation in time of war.

According to the existing legal provisions, there are usually 3 types of parking spaces of different nature in residential complexes, namely:

1. Parking spaces (underground) in the building zoning approved by the plan;

2. Use the parking balance (ground) set up on the road or other places owned by the owners;

3. Use the parking space (underground) set up by the underground civil air defense project.

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

Article 460 envy and disturbance five.

Contracts established in accordance with the law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 469.

The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 509.

The parties shall fully perform their obligations in accordance with the agreement.

The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.