Buy a parking space to see whether it is the right to use it or the right to use

When buying a car, you should pay attention to property rights. Here's why:

1.The difference between the property right parking space and the right to use the parking space is agreed in the purchase contract, the difference is that the land use right of the property right parking space is 70 years, and the property right of the house is the same, after the expiration of the term, only need to pay the land transfer fee again according to the state to continue to use, but the right to use the parking space is usually 50 years, and the property right still belongs to the developer. There are more uncertainties.

2.If the parking space can only be used for the right to use the certificate, then the difference between the property right parking space is 20 years, and its ** aspect is much more expensive on average.

3.The Beijing Municipal Bureau of Land Resources and Housing issued a notice on issues related to the sale, surveying and mapping of indoor motor vehicle parking spaces, and the registration of property rights, which has solved the problem of no property rights in parking spaces for many years. The notice clarifies that the sale of indoor motor vehicle parking spaces can be issued separately with the house ownership certificate, or it can be combined with the purchased commercial housing to issue the house ownership certificate.

According to the provisions of the notice, the sales of indoor motor vehicle parking spaces are priced in units, and the area can be calculated according to the actual occupied area of the parking space, or calculated according to the actual occupied area plus the apportioned common construction area. The sale of indoor motor vehicle parking spaces can be issued separately with the house ownership certificate, or it can be combined with the purchase of commercial housing to issue the house ownership certificate.

Basic information about parking spaces that should be noted:

First, the industry pointed out that the only criterion for measuring whether the parking space and garage can be sold is whether the property right certificate can be handled, and if the purchased parking space and garage can not handle the property right certificate, it means that the parking space or garage cannot be sold.

2. The maximum validity period of leased parking spaces and garages is only 20 years. 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. ”

In general, it is the right to use.

The property right of the parking space is indefinite as a real right after the "Real Estate Ownership Certificate" is issued, but the land use right where the parking space is located is limited by the service life, and the term is consistent with the term of the land use right where the parking space is located.

Therefore, the developer's Land Use Right Certificate should be checked to confirm the period of land use. However, according to the Property Law, the term of land use for residential use expires.

The difference between right-of-use parking spaces and property rights parking spaces:

1. The service life is different

Right-of-use parking space: Parking space is only available for 20 years.

Ownership of parking spaces: Parking spaces have 70 years of ownership.

2. The nature of the transaction is different

Right-of-use parking space: Not tradable.

Ownership parking space: can be traded.

Right-of-use parking space: Generally, the right to use the parking space is obtained through an agreement, and the right to use is lost at the expiration of the lease term.

Property right parking space: The property owner establishes the property owner's ownership, right of use, inheritance right and so on through the way of property right registration.

4. The person who belongs to it is different:

Right-of-use parking space: generally a property company or developer.

Property right parking space: belongs to the property owner and has a property right certificate.

The above content reference: Encyclopedia - Parking space.

Some parking spaces are property rights certificates, if they are civil air defense parking spaces, there is generally no property right certificate, only the right to use, so when buying parking spaces, you should look at the terms of the contract.

The ownership of civil air defense parking spaces belongs to the state, and individuals or developers cannot transfer or buy or sell. Therefore, when buying underground parking spaces, buyers should pay attention to whether the contract details clarify the rules for the use of air defense projects, and at the same time clarify whether the parking spaces have property rights protected by law.

Although the current law does not clearly stipulate the ownership of parking spaces and garages, the results of many cases caused by parking spaces show that all purchased parking spaces do not belong to civil air defense projects, as long as they are invested and built by developers, the construction costs are not amortized into the cost of residential commercial houses and other garages, and the area of underground parking spaces is not included in the shared area, then, even if there is no property right certificate, the underground parking spaces purchased by the owners of the community are also protected by law.

In addition, it should be reminded that when signing the lease contract for the right to use the parking space, the purchaser should remember that the maximum lease term is 20 years.

The difference between a property right parking space and a right of use parking space

1. The service life is different

Right-of-use parking space: Parking space is only available for 20 years. Ownership of parking spaces: Parking spaces have 70 years of ownership.

2. The nature of the transaction is different

Right-of-use parking space: Not tradable. Ownership parking space: can be traded.

Right-of-use parking space: Generally, the right to use the parking space is obtained through an agreement, and the right to use is lost at the expiration of the lease term. Property right parking space: The property owner establishes the property owner's ownership, right of use, inheritance right and so on through the way of property right registration.

The above content reference: Southern Net - To buy a parking space, you must see whether it is a property right or a right to use.

1.Underground parking spaces have property rights. 2.If the application for the first registration of a single underground parking space is made, the ownership of the above-ground building has been transferred and registered, and the owner has actually used the underground parking space for purchase and other purposes.

1. If the underground parking garage is not reconstructed by civil air defense engineering, and at the same time is not included in the shared area of the community, it can generally apply for the property right certificate. If the underground garage is built by the developer at his own expense, he has the right to ** or rent it. In addition, there is also a situation where the underground parking space sold by the developer or the property belongs to the civil air defense project, but it is only approved to be changed into a temporary parking space.

2. The underground garage of the general community is used as a public supporting facility in the community, and cannot be bought and sold separately, but this kind of garage can be rented. Only garages approved on the construction planning permit can apply for a title deed. Because some garages belong to civil air defense parking spaces, such parking spaces do not have property rights certificates.

3. But if you buy an independent villa but a garage on the first floor, such a house generally cannot handle the independent property rights of the garage. 4. However, a small number of cases may be handled, which depends on the situation. For example, if there are parking spaces under the townhouse, multiple buildings are used, although it is also a villa, but the developer can divide the garage on the first floor and apply for independent property rights when declaring.

This allows them to be sold separately. It's possible that your living room is under your garage and your bedroom is someone else's garage. 5. The property rights of the planned parking spaces and garages in the building zoning belong to the developer, and the real estate developer can obtain the property rights according to the procedures after obtaining the relevant planning permission and carrying out the development and construction according to the planning permission, and can carry out **, gift or lease.

Before buying an underground parking space, the owner must carefully ask to make sure that the underground parking space can handle the property right certificate, so as not to make himself suffer. Regarding the issue of the property right certificate of the underground parking space in the community, the parties can find a lawyer for consultation and guidance through Hualu.com.

When purchasing a parking space, the method of identifying whether there is property right is: the area of the parking space is apportioned to all owners; If the area of the parking space is not apportioned and the developer has obtained the property right of the parking space alone, it shall be owned by the developer; The parking spaces that belong to the civil air defense projects that are compulsory by the state shall be owned by the state.

1. Can a parking space be sold only with the right to use?

Parking spaces can only be sold with the right to use, and parking spaces belong to public areas without property rights. Parking spaces belong to public areas without property rights, and parking spaces that occupy roads or other sites shared by owners for parking cars belong to the owners in common. According to this article, "shared parking spaces without property rights" belong to the owners in common, and only the owners have the right to dispose of the common parts.

However, the owners' committee can entrust the property management company to manage the sunshine parking space, and rent out the income from the use of the sunshine, and the remaining rental income can be classified into the maintenance of the community after deducting the necessary management costs and other expenses.

Second, whether the transfer of the right to use the underground parking space in the community is legal.

Whether the transfer of the right to use the underground parking space is legal depends on whether the parking space is owned by the individual. Parking spaces are divided into two kinds of property rights certificates and property rights certificates, and those who cannot issue property rights certificates are owned by all owners, and individuals cannot transfer them without authorization. If the property right certificate can be issued, it belongs to the individual, and the owner of the parking space has the right to dispose of it freely, as long as it is the true intention of both parties, it can be transferred, and there is property rights, and the registration needs to be changed.

3. What should I pay attention to when buying a parking space?

When buying a parking space, you need to pay attention to the following:

1. Clarify the property rights of parking spaces. If the purchased parking space or garage cannot apply for the property right certificate, it means that the parking space or garage cannot be sold;

2. The relevant rules of the parking space should be written into the contract. If you pre-purchase commercial housing and then buy parking spaces, you can sign a pre-sale contract with the developer and register for the record;

3. Parking spaces that have been used as a shared area cannot be sold. If the developer clarifies that this type of parking space has an independent land area and construction area when it declares the planning of Lasan, the sedan car developer has the right to **;

4. The pre-sale license must be obtained for pre-sale parking spaces. Just as the developer must obtain a pre-sale permit to sell a house, a pre-sale permit must also be obtained for pre-sold parking spaces;

5. To buy a parking space, you need to pay deed tax and maintenance**. Among them, the amount of deed tax is 3% of the total price of the parking space;

6. You can't use a provident fund loan to buy a parking space. CPF loans cannot be used to buy anything other than owner-occupied housing, and certainly cannot be used to buy a garage.

Article 275 of the Civil Code.

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.

Article 344.

Article 345.

The right to use construction land may be established on the surface, above ground or underground.

Generally speaking, the property rights of parking spaces in residential areas can be identified through the following three methods.

1. If the parking lot is not shared according to the public construction area when the housing is sold in the community, the house ownership (commonly known as property rights) of the parking lot should be owned by the developer. The developer has the right to the owner, and the contract for the transfer of the right to use the parking space signed between the developer and the owner is legal and valid, and should be protected by law.

2. The developer has allocated the underground parking lot to all the owners of the community according to the public area when selling the residential houses, and legally speaking, the property rights of the parking lot should belong to all the owners, and the developer has no right to sign an agreement with individual owners on the transfer of the right to use the parking lot, and the signed agreement should also be invalid.

If the owner of the community needs to purchase the right to use the parking space, he shall sign a transfer agreement with the community owners' committee or the property management authorized by the owners' committee. In this case, only all the owners have the right to decide on the use of lead hail in the parking spaces of the underground car park.

3. The underground parking lot is rebuilt by the civil air defense project, and although the area is not allocated to all the owners, the developer has no right. 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 that is used as a 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 air defense management department on behalf of the state, and this kind of parking space cannot apply for a property right certificate, and the ownership does not belong to the developer or all the owners.

Legal Basis Involved:

Article 9 of the Rules for the Calculation of the Sales Area of Commercial Housing and the Apportionment of the Common Building Area.

Basements, carports, etc., which have been sold or rented as independent use space, should not be included in the common floor area. Basements that are civil air defense projects are also not included in the common floor area.

The common floor area is calculated as follows:

The construction area of the whole building is deducted from the sum of the construction area of each set (unit) of the whole building, and the construction area of the basement, carport and civil air defense project that has been sold or rented as independent use space, which is the common construction area of the whole building.

Article 52 of the Property Law of the People's Republic of China.

Assets and infrastructure owned by the state] Defense assets are owned by the state.

Infrastructure such as railways, highways, electric power facilities, telecommunications facilities, and oil and gas pipelines that are owned by the State in accordance with the provisions of law shall be owned by the State.

Parking spaces are indispensable for many families, and many developers will engage in the activities of buying houses and giving away parking spaces in order to sell houses, so how to judge that you are buying a property right parking space when buying a parking space?

1. The number of years of the property right parking space and the right to use the parking space is not the same, if it is a property right parking space, the owner will generally have 70 years of Senlatuan property rights, and the right to use the parking space, the owner can generally only have the right to use for 20 years.

2. After the owner purchases the property right parking space, he can get a property right certificate, so that the property right certificate purchaser can arbitrarily ** or rent the parking space, and the right to use the parking space can only get the invoice issued by the developer.

3. Parking spaces with property rights generally do not occupy public space, and parking spaces with the right to use are usually located in the passage of the community or in the parking lot transformed from underground civil air defense projects.

4. The way to buy the right to use the parking space and the right to use the parking space is different, when buying the right to use the parking space, you need to pay all the fees at one time, and when you buy the right to use the parking space, you need to pay off the cost on a monthly or quarterly basis according to the requirements of the developer.