The underground parking space in the community I bought can t apply for the property right certifica

It still depends on whether the developer will give you a refund, as long as the developer agrees, you can refund the money no matter what.

Some have property certificates, some don't, depending on which one you are talking about.

Here are a few forms of underground parking spaces.

First, for the civil air defense project planning parking spaces, garage property ownership, whether the "Property Law" or the "Civil Air Defense Law" are not clearly stipulated, the implementation of policies are different, at present, the city to implement the civil air defense project property rights of the national policy, developers shall not be first, gifted. In accordance with the principle of "whoever invests, who benefits" in the legislation of the "Property Law" and the "Civil Air Defense Law", it can only be used by the owner on the premise of not hindering the air defense function and meeting the needs of the owner, and a certain fee may be charged as agreed.

2. There is a clear legal basis for the ownership of planned parking spaces and garages belonging to non-civil air defense projects, and paragraph 2 of Article 74 of the Property Law stipulates: "Within the building zoning, the ownership of parking spaces and garages planned for parking cars shall be agreed upon by the parties through **, gift or lease". Therefore, 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.

It should be emphasized that Article 49 of the "Zhengzhou Property Management Regulations" clearly stipulates that the planning of parking spaces and garages and rental objects are as follows: "The parking spaces and garages planned for parking cars in the property management area shall first meet the needs of the owners and property users in the property management area." This means that the planning of parking spaces and garages in the property management area should first meet the needs of owners and property users, even if others put forward higher conditions, they cannot be rented out.

3. Paragraph 3 of Article 74 of the Property Law stipulates that "the parking spaces that occupy roads or other sites jointly owned by the owners for parking cars shall be jointly owned by the owners". Therefore, the property developer does not have the right to ** or rent it out.

Legal Analysis: Ownership.

Legal basis: Article 5 of the Civil Air Defense Law of the People's Republic of China stipulates that civil air defense projects shall be used and managed by investors in peacetime, and the profits shall be owned by investors.

Article 17 of the Property Law stipulates that the immovable property register is related to the immovable property ownership certificate, and the immovable property ownership certificate is the proof that the right holder enjoys the immovable property right. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

Legal analysis: Underground parking spaces cannot be purchased without a title certificate. Parking spaces without property rights can only be traded in the form of transfer, because without property rights, they cannot be bought and sold.

In addition to the unmanned function of the underground garage may have property rights, the community property will also be on the ground parking spaces, these are not property rights of the parking spaces, strictly speaking, these parking spaces are not available, the property company can only be leased in the form of lease use rights.

Legal basis: Article 275 of the Civil Code of the People's Republic of China The ownership of parking spaces and garages planned for parking cars in building zoning shall be agreed upon by the parties through means such as **, 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.

Legal analysis: Parking spaces without property rights can be refunded. If you accidentally buy a parking space without property rights, and you want to return it, you need to see how the contract details signed by the parties and the developer are stipulated.

If the contract does not promise the property rights of the parking space, but only the right to use, then it is difficult to win even if the lawsuit is filed. This requires the parties to read the details of the contract clearly when purchasing a parking space. If the contract promises the property right of the parking space, but in fact does not give the property right of the parking space, you can file a lawsuit with the court to require the developer to refund the liquidated damages and property right fees.

Legal basis: Article 563 of the Civil Code of the People's Republic of China The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be realized due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal analysis: Underground parking spaces cannot be bought without property rights. This kind of parking space without property rights is not protected by law.

There is no property right to the parking space, only the right to use, which is equivalent to spending money, just getting the right to use this parking space. Parking spaces without property rights cannot be bought and sold, but can only be transferred.

Legal basis: Article 705 of the Civil Code of the People's Republic of China The term of the lease shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.

At the expiration of the lease term, the parties may continue to conclude the contract, provided that the agreed lease term does not exceed 20 years from the date of renewal.