Is it illegal to change the use of an underground garage and what is the law against the change of u

It is illegal for the developer to change the use of the underground garage without authorization.

According to Article 142 of the Property Law of the People's Republic of China.

Ownership of buildings and other facilities built by the owner of the right to use construction land.

The ownership of the buildings, structures and ancillary facilities built by the holder of the right to use construction land belongs to the owner of the right to use the construction land, unless there is evidence to the contrary.

In an urban residential area, the parking spaces necessary for the normal life of residents cannot be less than 10%, and 10% of the parking spaces are an indispensable part of the normal performance of the living function of the house. These 10% of parking spaces, from the point of view, are generated for parking; From the perspective of the scope of benefit from the use of efficiency, it is the owner of the community. Therefore, the property rights belong to all the owners of the community.

Whether it is illegal depends on whether the change of use has been approved by various relevant departments. For example, if an underground garage is converted into a shopping mall, if it has obtained legal change procedures from the planning, transportation, environmental protection, fire protection and other departments, then it is legal. Needless to say, it is certainly not legal to change it without permission.

As for the specific procedures for obtaining several departments, I do not know.

Legal Analysis: It is illegal to change the use of underground garages without authorization. According to the relevant laws and regulations of the state, the garage should first meet the needs of the owner's parking space and be used to put the car. It is illegal to modify the garage without obtaining a permit, and you will generally be fined.

Legal basis: Article 64 of the Urban Planning Law of the People's Republic of China If the construction project planning permit is not obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.

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.

Summary. Article 74 of the Property Law: Within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.

In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gifts or leases.

Article 40 of the Urban Planning Law: In the urban planning area, if the construction project planning permit is not obtained or the construction is carried out in violation of the provisions of the construction project planning permit, which seriously affects the urban planning, the people's urban planning administrative department at or above the county level shall order the construction to be stopped, and the illegal buildings, structures or other facilities shall be demolished or confiscated within a time limit; If it affects urban planning and can still be corrected, the local people's ** urban planning administrative department at or above the county level shall order it to make corrections within a time limit and impose a fine.

What laws are violated by changing the use of a garage.

The change of use of the garage involves the Property Law, the Urban Real Estate Management Law and the Urban Planning Law

Article 74 of the Property Law of Suizhen: Within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners. In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gifts or leases.

Article 40 of the Urban Planning Law: In the urban planning area, if the construction project planning permit is not obtained or the construction is carried out in violation of the provisions of the construction project planning permit, which seriously affects the urban planning, the planning administrative department of the city shall order the construction to be stopped, and the illegal buildings, structures or other facilities shall be demolished or confiscated within a time limit; If it affects urban planning and can still be corrected, the local people's ** urban planning administrative department at or above the county level shall order it to make corrections within a time limit and impose a fine.

Is it illegal for the shopping mall property parking lot to be changed to a shop for rent and the rent for his own use?

If it is a garage without property rights, you can't go through the procedures for changing the shop, and the garage with property rights, the owner Fan Sheng can laugh at holding the garage property right certificate to apply for a business license, and you can apply for a business license to use it as a car stove shop.

Title is the property of all owners.

Hello, you can first find the people's mediation committee for mediation, and if you can't mediate, you are considering taking legal channels.

It is illegal to renovate underground parking spaces into warehouses. The garage is a place for a specific purpose that has been reviewed by the housing authority when approving the construction of the house, and its use cannot be changed without the approval of the higher management department, so it is illegal to convert the garage into a residence or warehouse.

At the same time, the legality of the conversion of a garage into a dwelling depends primarily on the property rights of the garage, and it is not illegal for the owner of the garage to own the independent property rights of the garage and without violating the nature of the land. If the property converts the garage into a residential property without permission, it is illegal; In the case of a public garage or a garage in a public location, it is also illegal to convert it into a residence. If the personal garage is on a rural homestead, then it is indeed legal to convert this personal garage into a residence.

Because the personal garage is built on the homestead, the homestead is originally a residence, but a garage was built on the land of the residence, so the argument is that in this case the garage can be converted into a residence, this behavior is not illegal. If the personal garage is on a rural homestead, then it is indeed legal to convert this personal garage into a residence. Because the personal garage is built on the homestead, and the homestead is originally a residence, but a garage was built on the land of the residence, so in this case, the garage can be converted into a residence, which is not illegal.

Legal basis

Property Management Regulations

Article 49: Public buildings and public facilities built in accordance with the plan within the property management area shall not be repurposed.

If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management service enterprise after going through the relevant formalities in accordance with the law; If a property management service enterprise really needs to change the use of public buildings and common facilities, it shall be submitted to the general meeting of owners for discussion and approval, and the owners shall go through the relevant formalities in accordance with the law.

Regulations on the Management of the Development and Utilization of Urban Underground Space

24th urban underground engineering by the development and utilization of the construction unit or the use of the unit for the management of sliding and demolition, and subject to the supervision and inspection of the competent administrative departments of construction.

Article 25 Underground engineering should be based on the principle of "who invests, who owns, who benefits, who maintains", and allows the construction unit to invest in the development and construction of underground projects for self-operation or transfer or lease according to law.

Legal analysis: Where the owner violates the property management service contract or laws, regulations, or management regulations by carrying out acts that obstruct property management services and management, and the property management service enterprise requests the owner to bear the corresponding civil liability such as restitution to the original state, stopping the infringement, and removing the obstruction, the people's court shall support it. Unauthorized renovation of the basement is definitely illegal and violated, and at the same time constitutes infringement on other owners, and if the circumstances are serious, it may constitute a crime.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Property Service Disputes" Article 4 Property service disputes arising from the violation of property management service contracts by property tenants, borrowers or other property users, as well as laws, regulations or management regulations, may be handled by the people's courts with reference to the provisions on owners.