Does the parking space in the community have a property right certificate, and does the parking spac

Parking spaces are divided into situations, above-ground parking spaces are not property rights, underground parking spaces are no property rights if they are civil air defense projects, if not, there are property rights, and they are bought and sold by developers.

There is no property right to the parking spaces on the ground, and even if they are used to sell and buy, the proceeds belong to all owners, so the developer has no right to sell and buy. After buying a parking space, the general developer can apply for the property right certificate, or you can go to the tax authority to pay the deed tax and other fees, and then go to the local real estate center to apply for the parking space property certificate. The underground property right parking space only has the property right certificate, and there is no land certificate.

Ground level parking spaces. 1. Parking spaces that occupy roads or other sites jointly owned by the owners for parking cars belong to the owners in common.

The provisions of paragraph 3 of Article 74 of the Property Law can be divided into two parts:

First, the parking spaces built on roads or other sites jointly owned by the community, including the part of the planning that illegally classifies the owner-owned part as a parking space, belong to the owner's common ownership.

Second, as long as the newly added parking spaces outside the planning are occupied by the owners, the newly added parking spaces will be shared by all the owners, and the real estate developer or property management company is not allowed to dispose of the transfer. If the developer is using the owner's common part to add a new garage, it should also belong to the owner's common;On the contrary, it belongs to the investor and builder, and its disposal shall first meet the needs of the owner, and the owner shall obtain the garage through negotiation with the developer.

2. The developer or property management company has no right to dispose of the shared parking spaces.

Developers and property management companies shall not arbitrarily set up and operate parking spaces in the public areas of the community, and only with the permission of the resolution of the general meeting of owners can they establish or operate parking spaces, and the fees obtained shall belong to all owners, but the property management company may charge a certain management fee under the entrustment of the general meeting of owners, and shall not take the price of parking spaces as their own. There is no obligation without rights, and there is no right without obligations. Since the property management company collects a management fee, it should be responsible for the management of the cars parked in the communityIn the event of loss or damage, the company shall be liable for compensation according to its fault and the level of management costs.

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.

Parking spaces are divided into property rights certificates and property rights certificates.

Among them, the parking spaces with property rights certificates are divided into two situations, one is an independent parking space property right certificate, and a separate certificate is handled in the real estate trading center, and the housing authority can inquire about it. Another situation is that the parking space and the house are in the same title deed.

This situation usually only occurs in older properties, and new properties generally separate the parking space from the title deed of the house.

There are two types of parking spaces that cannot be described, one is the underground civil air defense parking space.

Usually, ** will be cheaper than the property right parking space, is the developer from the civil air defense office to rent and then sell to you, although it is a sale, but signed a long-term lease contract, the general contract will indicate that the use period is 20 years, after the expiration of free continue to use to 70 years.

Finally, there is a kind of parking space that cannot be issued with a property right certificate, which has been included in the shared area.

The parking space is generally the ground parking space of the community. This kind of parking space can only be rented, not sold. Now the new real estate will also include the separation of people and vehicles as standard equipment to ensure the safety of owners in the community and improve the quality of life.

Parking space ownership certificate process.

You need to bring a tax payment certificate, an invoice for buying a parking space, a contract for buying a parking space, and an ID card.

Hukou booklet, marriage certificate.

Parking space mapping page, I go to the real estate registration center where the community is located to handle it, of course, you can also issue a power of attorney.

Entrust the ** person to handle it on behalf of you and obtain the "Real Estate Property Certificate".

The property right parking space has a title certificate. This kindParking space property rightsBelonging to the developer, the developer can use the parking space**, and the owner can apply for the property right certificate after purchasing the property right parking space.

There is no title certificate for parking spaces without property rights. Parking spaces without property rights only have the right to use, and the developer cannot carry out ** on the parking space, even if the owner buys it, he only has the right to use it, and cannot apply for the property right certificate.

Procedures for the ownership certificate of the parking space:Apply for a real estate certificate for a parking space.

Process and process of handling the real estate title certificate of the new house.

The process is the same. You need to pay taxes before you get a parking space ownership certificate.

The developer completes the initial registration.

Individuals go to the local taxation bureau and bank to pay the relevant taxes and fees.

Tax standard: Parking spaces are also subject to special residential maintenance funds.

What to bring: ID card.

Household registration booklet, marital status form, purchase invoice and contract, parking space mapping page (provided by the developer).

The individual goes to the real estate register.

Submissions by the Centre.

Location: Real estate registration center of the district and county where the community is located.

Collect the parking space title certificate.

Note: Different policies in different places will have different procedures and required materials.

The parking space has a title certificate. Generally, there is, but the specific property rights of parking spaces belong to depends on the actual situation. If the underground parking space is a public pool.

partly, this kind of underground parking space is not able to handle property rights; If the underground parking space is not a shared part, and the real estate developer has independent garage property rights, residents in the community can obtain the property rights of parking spaces after purchasing parking spaces. This kind of parking space with property rights can be purchased and handled separately, so this kind of parking space is generally the most expensive.

Property right certificate processing:

1. Before applying for a parking space, you need to pay deed tax and housing maintenance**.

The deed tax is 4% of the total price of the parking space, the housing maintenance** is 1% of the total price of the parking space, and the total price of the parking space is the total amount on the invoice when purchasing the parking space.

2. The applicant needs to bring the invoice for the purchase of the parking space, and then go to the tax bureau where the community is located to pay the tax.

You will be able to register real estate.

The center has handled the parking space ownership certificate.