Hello, the parking space only has the right to use, and there is no property right to affect it

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. 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.

Can the civil air defense parking space be rented? According to the current judicial practice, there are two main views on the leasing of civil air defense parking spaces:

Point of view. 1. Some courts hold that no unit or individual has the right to transfer the property rights and use rights of civil air defense projects, and the act of transferring parking spaces for civil air defense projects harms the interests of the state and the interests of the buyer, and even if the two parties sign an agreement on the transfer of the right to use parking spaces, the agreement is invalid.

Point of view. 2. In accordance with the principle of "who invests and who benefits", the developer can obtain rent by leasing civil air defense parking spaces, but the use of civil air defense projects must go through registration procedures.

Therefore, 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, according to Article 214 of the Contract Law, which stipulates that "the lease term shall not exceed 20 years." If it is more than 20 years, the excess part is invalid.

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.

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.

In some big cities, parking spaces are very important, there are many people in big cities, and there are also a lot of cars. Most people choose a parking space that cannot apply for a property right certificate in order to buy a cheap parking space, which leads to the owner only having the right to use the parking space.

There are two types of parking spaces without title certificates:

1. When buying a house, understand clearly the area of the parking space, whether it is such as the shared area, if it belongs to the shared area, then this kind of parking space is not able to get the property right certificate, owned by all the owners, the developer has no right to sell, let alone transfer. Therefore, it is necessary to see clearly whether it is a shared area in the purchase contract.

2. A part of the underground parking spaces are civil air defense parking spaces, which are usually located on the lower floors of the general parking spaces. 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.

Another type of parking space with a property right of 70 years is a parking space that can be sold, and has the same property rights as housing. However, for this type of parking space, you need to pay a deed tax of 4% of the total price of the parking space, 1% of the maintenance **, a registration fee of 550 yuan and a stamp duty of 5 yuan. This is also the reason why many owners, after buying a parking space from the developer, are reluctant to apply for the property right certificate.

What should I do after 20 years of use of the parking space?

The problem of parking spaces with only 20 years of use rights generally refers to civil air defense parking spaces. From the perspective of use, there is no difference between ordinary parking spaces and civil air defense parking spaces. But in the event of war, it will be taken back without compensation.

In other words, if the contract stipulates the service life, it can still be used if there is no war. However, some courts believe that any unit or individual has no right to transfer the property rights and use rights of civil air defense projects, and the act of transferring parking spaces for civil air defense projects harms the interests of the state and the interests of the buyer, and even if the two parties sign an agreement on the transfer of the right to use parking spaces, the agreement is invalid. From this point of view, there may be many hidden dangers in civil air defense parking spaces.

After the expiration of 20 years of civil air defense parking spaces, is the renewal of the lease protected by law?

According to 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, that is, after 20 years, it is not protected by law, and there is still a certain risk.

Some courts believe that any unit or individual has no right to transfer the property rights and use rights of civil air defense projects, and the act of transferring parking spaces for civil air defense projects harms the interests of the state and the interests of the buyer, even if the two parties sign an agreement on the transfer of the right to use parking spaces, the agreement is invalid, and it is best to obtain permission from the civil air defense department before renting a parking space.

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.

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

In the process of signing a parking space sales agreement with the developer, it is necessary to clarify whether the developer has the right to rent or ** parking space, and the most important thing is to clarify whether the property right of the parking space belongs to the developer. It is not possible to occupy public roads or other shared parking spaces. Moreover, if the parking space belongs to the civil air defense, the investor only has the right to use it in peacetime, but the national defense materials belong to the state, so the property rights cannot be bought and sold.

When the developer's exclusive parking space is built on the land, whether it is a building or other ancillary facilities, the ownership belongs to the user of the construction land, so this kind of parking space can be rented out. At present, some of the non-property rights parking spaces in some communities have belonged to the public parking spaces and belong to all the owners, so they can only sign the right to use for external leasing, and they need to obtain the consent of the relevant owners or the owners' general meeting to go through the relevant procedures.

The underground parking spaces in the community are not only the right to use, but also the parking spaces in the construction plan. Most owners only have the right to use the underground parking spaces that belong to the civil air defense parking spaces or parking spaces outside the construction plan. Among these parking spaces, the property rights of civil air defense parking spaces belong to the state and are part of the urban civil air defense project, but the use of resources is encouraged, so the general management right is in the developer, and the developer can lease it.

Parking spaces outside the construction plan are illegal construction parking spaces, which do not have property rights certificates, but many developers still buy and sell, which is illegal. There are two kinds of above-ground parking spaces, one is the parking space planned and constructed in the construction area of the community, and the other is the new parking space outside the planning, the former belongs to the developer, which can be gifted and subleased, and the latter occupies the public area, belongs to the shared part, belongs to the owner of the community, and often the latter is more likely to cause disputes. Underground property right parking space refers to the parking space in the underground space of the community, which meets the project approval and planning conditions, and can apply for the ownership certificate.

In this case, the parking space has property rights, and the property rights period and the land life are equal, generally 70 years. Underground civil air defense parking spaces, refers to the construction by the developer, but by the civil air defense management department on behalf of the state to exercise the power of the owner, this kind of parking space can not apply for the property right certificate, civil air defense parking spaces are usually managed and used by investors, can be rented, sales are not protected by law, need to be cautious.

The only criterion for whether the parking space (library) can be sold and bought is whether the property right certificate (or whether there is a pre-sale permit), if there is no parking space property right certificate, then, this parking space is not allowed. If the developer sells a parking space that cannot be issued a title certificate to the owner, then the owner will only get a paper contract instead of a title certificate.

Article 214 of the Contract Law 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 renew the lease contract, provided that the agreed lease term shall not exceed 20 years from the date of renewal.