New regulations on the management of parking spaces in residential areas, and regulations on the man

The new rules on parking spaces in the community are as follows:

The so-called ground parking space refers to the parking facilities directly set up on the surface of the community and marked by marking and dividing, and generally needs to obtain the "Construction Planning Permit" issued by the first class. Article 274 of the Civil Code (in force) The roads within the building zoning belong to the owners in common, except for the urban public roads. The green space in the building zoning belongs to the owners in common, except for the urban public green space or the individual that is expressly indicated.

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

Residential area ground parking space: the so-called ground parking space refers to the parking facilities directly set up on the surface of the community, marked by the way of marking and dividing, and generally needs to obtain the "construction planning permit" issued by the first class. The ground area where the ground parking space is located is included in the total land use right area of the community, so the right to use this kind of parking space obviously belongs to the owner of the whole building, that is, the owner.

Neither the developer nor the property management company has the right to set up parking spaces on the ground of the community without authorization, but can only establish and operate surface parking spaces after obtaining the permission of the owners' general meeting and signing an agreement with the owners' committee to make specific agreements on the distribution of relevant revenues. Otherwise, it will constitute an infringement without the right to dispose of it.

First, the type of parking space in the community:

1. Underground parking space. Underground parking spaces are divided into underground cars that are included in the shared area and underground parking spaces that are not included in the shared area, and the area occupied by the underground parking spaces is not included in the shared area of the owner, and the property rights of this part of the parking spaces belong to the developer. The premise of the establishment of property rights is to be reflected in the purchase contract and explained, that is, this part is not included in the public apportionment, and the property rights can be owned by the developer.

If there is no explanation, it will automatically belong to all owners.

2. Ground parking space. The property rights of open above-ground parking spaces belong to all owners and are shared by the owners and are free to use. When the owner buys the house, he or she has the right to use the land of the community, and the right to use the land in the community belongs to all the owners.

The developer or the property has no right to dispose of the planned parking spaces on the land owned by the owner.

3. Civil air defense parking space. If the parking space is invested in the construction by the developer, the developer has the property right of the parking space and has the ownership in management and management, but it needs to be registered with the civil air defense engineering department.

2. Regulations on the payment of parking space management fees:

1. The purchase of parking spaces needs to pay management fees, the owner has purchased underground parking spaces, but the underground parking garage needs personnel to inspect every day, and the property personnel need to clean the underground parking spaces, to ensure the safety of vehicles, as well as the lighting of the underground garage, etc., which require a certain cost and will produce "underground garage service fees". The owner buys the ownership of the parking space, not the future management and service. It is the developer who sells the parking space, and the service is the property company.

2. The property in the community charges a parking management fee. There is no contradiction between the ownership of the parking space by the owner and the management fee charged by the property. As long as the charging standard is in accordance with the regulations, it is not illegal for the property to charge parking fees.

3. The property management fee is the fee that the property management company provides property management services to the property user or owner in accordance with the property management service contract, and the property management user or owner shall pay according to the property management service contract.

Legal basisCivil 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.

Legal analysis: The Road Traffic Safety Law of the People's Republic of China stipulates the relevant provisions of parking spaces, and motor vehicles should be parked at specified locations. It is forbidden to park motor vehicles on the sidewalk; However, parking spaces designated in accordance with the provisions of Article 33 of this Law are excluded.

Temporary parking on the road shall not obstruct the passage of other vehicles and pedestrians.

Legal basis: Road Traffic Safety Law of the People's Republic of China

Article 56: Motor vehicles shall be parked at designated locations. It is forbidden to park motor vehicles on the sidewalk; However, parking spaces designated in accordance with the provisions of Article 33 of this Law are excluded.

Temporary parking on the road shall not obstruct the passage of other vehicles and pedestrians.

33rd newly-built, renovated, expanded public buildings, commercial blocks, residential areas, large (medium) buildings, etc., shall be equipped with additional parking lots; If the parking space is insufficient, it shall be reconstructed or expanded in a timely manner; The parking lot that has been put into use shall not be used without authorization, stop using it or change it to other uses.

Within the scope of urban roads, without affecting the passage of pedestrians and vehicles, the relevant departments can implement parking spaces.

Article 59 Non-motorized vehicles shall be parked at designated locations. If there is no parking place, the parking of non-motor vehicles shall not obstruct the passage of other vehicles and pedestrians.

Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China》 Article 63 Motor vehicles shall comply with the following provisions when temporarily stopping on the road:

1) In the section with no parking signs and markings, in the section with isolation facilities between the motorway and the non-motorized lane, the sidewalk, as well as the pedestrian crossing, the construction section, shall not stop;

2) No parking is allowed at intersections, railway crossings, sharp bends, narrow roads with a width of less than 4 meters, bridges, steep slopes, tunnels, and road sections within 50 meters from the above places;

3) In front of bus stops, first-aid stations, gas stations, fire hydrants or fire brigades (stations) and road sections within 30 meters of the above-mentioned places, except for the use of the above-mentioned facilities, no parking is allowed;

4) Before the vehicle is stopped, the door shall not be opened and the person shall not get on and off, and the door shall not be opened or closed to obstruct the passage of other vehicles and pedestrians;

5) Roadside parking should be close to the right side of the road, motor vehicle drivers are not allowed to leave the car, get on and off personnel or load and unload items, immediately leave;

6) City buses are not allowed to stop at road sections other than the station to pick up and drop off passengers.