Is it legal to buy and sell parking spaces in the community, and can you buy and sell parking spaces

Legal analysis: In the building zoning, the ownership of the parking spaces and garages planned for parking cars shall be agreed by the parties through **, gift or lease, etc., and its purchase and sale is legal. If it is a parking space or garage that is not planned to be used for parking cars, it belongs to the owner's sharing, and the real estate company has no right to open the world.

There are generally three kinds of parking spaces in the community, including property rights parking spaces, civil air defense parking spaces, and no property rights parking spaces. The first is the simplest, the property right belongs to whoever owns it. The second type is the most common, the property right belongs to **, but the developer can manage it (the law stipulates who invests and manages the use, but there is a dispute between the developer's investment and the owner's investment).

To judge whether the behavior of the real estate company's ** garage is legal, it is necessary to distinguish between the two situations and treat them differently. One case is the ** garage within the plan. If the real estate company is a garage planned for parking cars in the building zoning, and both parties clearly agree that the garage can be used in the house sale and purchase contract, then the real estate company's garage is legal.

If the two parties have no agreement or the agreement is unclear on the garage, it can be dealt with in two situations: first, the garage has been included in the shared area of the owner's purchase in the planning, and the owner has paid the corresponding shared payment when purchasing the house, then the garage should be jointly owned by the owner as a common building, and the real estate company has no right. Second, the garage is not included in the planning of the owner's purchase of the shared area, the garage construction funds are all paid by the real estate company, and the completion is not transferred to the owner in any form, then the ownership of the garage should belong to the real estate company, and the real estate company certainly has the right to **.

The other situation is a parking space and garage that is not planned to be used for parking cars. This kind of parking space and garage should belong to the owners of the share, and the real estate company has no right to the outside world.

Legal basis: Civil Code of the People's Republic of China Article 274 Roads within building zoning belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual.

Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Derivative question: What is the process of applying for a parking space ownership certificate?

To apply for the parking space property right certificate, the developer must first complete the initial registration, and then the individual goes to the local taxation bureau and the bank to pay the relevant taxes and fees and go to the real estate registration center to submit materials, and finally bring the tax payment certificate, the invoice for buying a parking space, the contract for buying a parking space, the ID card, the household registration book, the marriage certificate, and the parking space mapping page, and I go to the real estate registration center where the community is located to handle it and receive the parking space property right certificate.

Deal with each other on a case-by-case basis. First, the parking space has been included in the shared area of the owner's purchase in the planning, and the owner has paid the corresponding shared payment when purchasing the house, then the parking space should be jointly owned by the owner as a common building, and the real estate company has no right to **. Second, the garage is not included in the planning of the owner's purchase of the shared area, the garage construction funds are all paid by the real estate company, and the completion is not transferred to the owner in any form, then the ownership of the garage should belong to the real estate company, and the real estate company certainly has the right to **.

Legal basis: Article 275 of the Civil Code of the People's Republic of China Within the building zoning, 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.

Article 276 of the Civil Code of the People's Republic of China: Within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners of the concessions.

1. Can parking spaces in the community be bought and sold?

1. The parking spaces in the community can be bought and sold, but depending on the situation. If it is a parking space with property rights, the second-hand home buyer can purchase the parking space from the seller; If it is a parking space with only the right to use, the buyer of the second-hand house can lease or transfer the parking space when the property is handed over.

2. Legal basis: Article 272 of the Civil Code of the People's Republic of China.

The owner has the right to occupy, use, benefit from and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

2. Can I return the parking space in the community?

If you regret buying a parking space, you can return it, but this is a breach of contract by the owner, and the owner needs to pay liquidated damages for terminating the contract. If the return of the parking space meets the cancellation terms agreed in the parking space purchase contract, for example, the developer agrees to an unconditional refund in the contract, etc., then the owner can refund the parking space and request the developer to refund the purchase price of the parking space in full. If the developer has breached the contract and violated the rules, you can also use this as a reason to request the termination of the contract, such as the developer's illegal sale of parking spaces without property rights, etc.

The parties to the contract have completely failed to perform the contract or the performance of the contractual obligations is not in accordance with the agreement. Generally speaking, a breach of contract is subordinate to an offence. There are two types of civil violations: civil breach of contract and civil tort.

The purchase and sale of parking spaces in the community is legal. Underground parking spaces with property rights certificates can be bought and sold, but their buying and selling should also be discussed on a case-by-case basis. When the parking space in the community is owned by all the owners of the community, the owners' meeting or the owners' committee has the right to decide whether to buy or sell; When the garage is planned to be used for parking cars in the building zoning, and the two parties clearly agree that the garage can be used in the house sale contract, then the garage of the real estate company is legal.

Civil Code of the People's Republic of China

Article 275.

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.

Occupying a parking space on a road or other site jointly owned by the owner for parking a car belongs to the common ownership of the owner of the renting business. Article 277.

Owners may set up a general meeting of owners to elect an owners' committee. The specific conditions and procedures for the establishment of the owners' general meeting and the owners' committee shall be in accordance with the provisions of laws and regulations.

The relevant departments of the local people's ** and the residents' committees shall give guidance and assistance to the establishment of the owners' meeting and the election of the owners' committee.