Is there a rule that there must be a rentable parking space in the underground garage of the communi

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.

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.

Finally, we should also pay attention to the agreed lease term, according to Article 214 of the Contract Law, which stipulates that "the lease term shall not exceed 20 years." If it is more than 20 years, the excess part is invalid.

What are the regulations on renting non-civil air defense parking spaces in the community.

1. Is it legal to rent underground parking spaces in the community?

1. It is legal to rent underground parking spaces in the community with property rights certificates. 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.

2. Legal basis: Article 275 of the Civil Code of the People's Republic of China.

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. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

2. How long is the property right of the underground parking space in the community?

The property right period of the underground parking space in the residential community is 70 years, and the property right of the underground parking space in the commercial and residential community is 40 years. Underground parking spaces are included in the public area apportionment, and those who cannot apply for property rights certificates belong to all community owners; If the underground parking space is not apportioned and the developer obtains the garage property rights alone, the developer can have the property rights of the buyers. Within the root 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.

Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common. As required by law.