Property right of underground parking space
As long as the underground parking spaces do not belong to the scope of civil air defense projects, they are invested and built by developers (the construction costs are not included in the cost of residential commercial housing and other garages), and the parking space area is not included in the pool area, even if the underground parking spaces purchased by community owners are still protected by law.
Under the following circumstances, the property right of underground parking spaces belongs to all owners, and the developer has no right to sell underground parking spaces: (1) The developer has included the construction area of underground garage when calculating the pool area; (2) The developer will include the cost of building underground garage in the cost of residential development; (3) According to national laws or local regulations, it should be delivered to the owner free of charge, that is to say, when planning the community, it is clear that the underground parking space is a public supporting facility.
Parking space in building area planning
Such parking spaces and garages within the building division must first meet the needs of the owners. Parking on roads or other venues shared by the owners of the community belongs to the parking position shared by the owners.
Parking space mortgage
Only independent parking spaces have property rights, first-hand parking spaces can apply for mortgage loans, but the mortgage threshold is high, and second-hand parking spaces cannot apply for mortgage.
How many years is the parking space property right?
1, underground property parking space in the community. In the underground space of residential areas, parking spaces that meet the conditions of project establishment and planning, go through land transfer procedures and can apply for ownership certificates have a property right period of 70 years.
2. Ground parking spaces in the community. The above-ground space in the residential area is generally a parking space set up to meet the temporary parking of vehicles. One is the parking space in the community construction planning, and the other is the parking space newly added by the developer outside the planning.
3. Underground civil air defense parking spaces in the community. Parking spaces for civil air defense projects in residential areas can be used for parking vehicles in non-wartime National defense assets belong to the state and are not included in the public building area. The service life of this kind of civil air defense parking space is 20 years, and it can be rented after the expiration.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 275 The ownership of the parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned through sale, gift or lease.
Parking spaces that occupy roads or other venues owned by the owner for parking cars belong to the owner.
Article 276 Within the parking spaces and garages of main-purpose buildings, the planning of parking spaces and garages for parking cars should first meet the needs of the owners.
Article 705 The lease term shall not exceed 20 years. More than twenty years, the excess is invalid.
At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.
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