Parking spaces only have the right to use, and no property rights have a big impact?

The law on the ownership of garage property rights, specifically according to the nature of the garage.

1. Garage in the plan.

Article 74 of the Property Law stipulates that: "In the building zoning, the ownership of the parking spaces planned for parking cars shall be agreed by the parties through **, gift or lease. "The regulation essentially recognizes the developer's original ownership of the planned garage spaces.

As long as the developer can provide the engineering planning permission procedures for the garage, the initial registration of the garage can be carried out after the acceptance is passed.

2. Plan outside the parking space.

Article 74 of the Property Law clearly stipulates that "a parking space that occupies a road or other site jointly owned by the owner for parking a car shall be jointly owned by the owner." ”

3. Civil air defense parking space.

The principle of underground civil air defense parking spaces is "who invests, who benefits". The developer and the owner of this parking space have no property rights, and the developer can operate and use it with the consent of the civil air defense management department, that is to say, this kind of parking space can not be bought and sold, transferred, and can only be leased to use, and according to the provisions of the Contract Law, the lease term shall not exceed 20 years.

Parking spaces can be simply divided into two types: one is the one that can issue the property right certificate, and the other is the one that cannot issue the property right certificate.

Therefore, when you buy a parking space, you must keep your eyes open to understand whether you are signing the "Motor Parking Space Purchase Agreement", or the "Parking Space Lease Agreement" or "Use Right Transfer Agreement".

The common parking spaces that cannot be issued with property rights certificates can also be simply divided into two types.

One is the parking space that has been included in the shared area. As long as it is included in the public pool, legally speaking, it belongs to the parking space that cannot be issued with a property right certificate, because it is shared by all owners. Therefore, this type of parking space cannot be purchased as a property right, but can be leased.

The other is a civil air defense parking space. Civil air defense parking spaces are different from other parking spaces and have their particularities. Because the area occupied by the civil air defense parking spaces belongs to the civil air defense project, and the civil air defense project belongs to the construction of the civil air defense project, according to the relevant regulations, the national defense assets belong to the state.

In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement as a civil air defense project is not included in the common construction area. Therefore, the civil air defense parking space does not belong to the developer, nor does it belong to all the owners, and this type of parking space cannot be purchased for property rights.

If you want to rent a civil air defense parking space, it is best to obtain permission from the civil air defense department. Moreover, there is a possibility that the rental civil air defense parking space will be requisitioned by the ** department without compensation due to force majeure such as war and natural disasters. Finally, we should also pay attention to the agreed lease term, in accordance with 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.

There is no property right to the parking space, only the right to use it can be bought. He's just a place to park his car, just saying he doesn't have a title, but you can also buy and sell.

Legal Analysis: Not recommended to buy. Because there is no property right, the sale is not protected by the property law, and the final thing to get is only a paper contract, which has no legal benefits, so it is recommended to rent.

Whether the parking space can be sold, the only criterion for buying and selling is whether the property right certificate can be applied for only and stop (or whether there is a pre-sale permit), if there is no parking space property right certificate, then, this parking space is not allowed**.

Legal basis: Article 7 of the Civil Code of the People's Republic of China refers to Hu Bai05 The lease term shall not exceed 20 years. If it is more than 20 years old, the excess part is invalid.

Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed term of the lease shall not exceed twenty years from the date of renewal.

Not all parking spaces can apply for a property right certificate, and parking spaces without a property right certificate are divided into the following two categories:

1. If you buy a house, the area of the underground parking space is such as the shared area.

Then this kind of parking space cannot be issued with a property right certificate, it is owned by all owners, and the developer has no right to sell it, let alone transfer it. So to be in the contract of purchase.

to see if it is a shared area.

2. Some underground parking spaces are civil air defense parking spaces.

It is usually located on the lower floor of the general parking space. Civil air defense parking spaces are mandatory by the state, but the right to use can be transferred to individuals or developers. Therefore, the civil air defense parking space is only rented and used, not sold, and there is no property right certificate.

Basic overview of parking spaces:

Many places with a large flow of people and frequent business exchanges will have above-ground and underground three-dimensional parking lots to save space.

Parking spaces are generally set aside on both sides of urban highways or open areas to facilitate driver parking, but in the city, if parking is not set aside for parking spaces, it can be regarded as illegal parking.

Fines can be imposed by law enforcement.

Legal analysis: If the parking space belongs to the civil air defense engineering facilities, there is no property right. Because civil air defense projects are usually used and managed by investors, of course, the profits will also belong to investors. If the parking space is a non-civil air defense facility, it is jointly owned by the parties and the owner, and the owner also has property rights.

Legal basis: Civil Air Defense Law of the People's Republic of China

Article 5 The State shall give preferential treatment to the construction of civil air defense facilities in accordance with relevant provisions. The State encourages and supports enterprises, public institutions, social groups, and individuals to invest in the construction of civil air defense projects through various channels; Civil air defense projects are used and managed by investors in peacetime, and the profits belong to investors.

Article 9 The State shall protect civil air defense facilities from infringement. It is forbidden for any organization or individual to sabotage or occupy civil air defense facilities.

Article 275 of the Civil Code of the People's Republic of China: Within the building zoning, the ownership of parking spaces and garages planned for parking cars shall 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.

I come to you for Brother Nai Shi Qimu to know that the current parking space only has the right to use, I think the parking space is yours now, so you are free to use the right, so I think it is such a parking space or your quiet location, so you are the right to use is in your hands.

Because it is impossible for everyone to have a lot of parking spaces, everyone is temporarily parked, so there is no need to buy a parking space.

Generally speaking, parking spaces can be simply divided into two kinds, one is to be able to issue a property right certificate, and the other is not to be able to issue a property right certificate.

Because there are many vehicles nowadays, parking spaces are relatively tight, so there is only the right to use.

Summary. Hello, it's a pleasure to answer for you; Reasons why there is no property right in the parking space: 1. If the owner buys the house, the area of the underground parking space is counted into the shared area, then the property right certificate cannot be handled, and the parking space is owned by all the owners, and the developer has no right to sell, let alone transfer.

2. Some are civil air defense parking spaces, which are mandatory by the state, but the right to use can be transferred to individuals or developers. Therefore, there is no title certificate. There is also a type of parking space that can be sold, and the land use period is the same as 70 years, but the owner needs to pay a deed tax of 4% of the total price of the parking space and 1% of the maintenance**.

Therefore, many owners are reluctant to apply for property ownership certificates after buying parking spaces from developers.

Hello, it's a pleasure to answer for you; Reasons why there is no property right in the parking space: 1. If the owner buys a house, the area of the underground parking space is counted into the shared area, then it is impossible to apply for the property right certificate, and the old cracked mu parking space is owned by all the owners, and the developer has no right to sell, let alone transfer. 2. Some are civil air defense parking spaces, and civil air defense parking spaces are mandatory by the state, but the right to use can be transferred to individuals or developers.

Therefore, there is no title certificate. There is also a type of parking space that can be sold, and the land use period is the same as 70 years, but the owner needs to pay a deed tax of 4% of the total price of the parking space and 1% of the maintenance**. Therefore, after many owners buy parking spaces from developers, Chi Yuan is reluctant to apply for property rights certificates.

We are ready to buy a parking space for a stool, the parking space is the right to use, there is no source of property rights, others buy a house to send a parking space, there is a 0 yuan parking space volume, sell us 60,000, we buy it in the contract to buy a parking space is 0 yuan, which has an impact on the later grasp of the infiltration brigade.

Is there any description of the nature of the parking space?

Can the other party transfer it?

He said it could be transferred.

He said that it is useless, you have to look at the contract, look at the nature.

It is to use it to give away parking spaces and sell them to us.

This kind of people who do not have property rights are afraid of disputes in the future.

He said there was a contract.

None of the underground parking spaces are titled.

The contract is also null and void if it involves an illegal act.

What works.

Some of the underground parking spaces have property rights, and those without property rights belong to the civil air defense parking spaces.

You can send the agreement to read it for you.