1. What is the essence of parking space property rights?
After the property right of the parking space is issued, it has an infinite time as a property right, but the land use right of the parking space is limited by its service life, which is as long as the land use right of the parking space. Therefore, we should check the land use right certificate of the developer to confirm the land use period obtained by the developer. However, according to the property law, residential land will be automatically renewed after the expiration of the use period, so there is no need to worry about the service life of parking spaces.
However, the sale of parking spaces without property rights is actually a kind of leasing behavior. This sales contract is essentially a parking space lease contract, and according to Article 2 14 of the Contract Law: "The lease term shall not exceed 20 years. For more than 20 years, the excess is invalid. " In other words, the longest period for consumers to lease parking spaces (garages) (that is, what we usually call the right to use sales) is only 20 years, after which it will not be protected by law. When the owner signs the contract, the most important question to consider is to ask about the "fixed number of years".
2. How to handle the formalities of parking space property right?
At present, if the parking space has a pre-sale permit, the owner of the parking space can apply for the Property Certificate after signing a formal commercial housing sales contract with the developer and going through the filing procedures. The procedures for handling the property rights of first-hand parking spaces and second-hand parking spaces are the same as those for handling the certificate of immovable property rights of houses.
According to the relevant regulations, as long as it is a parking space with independent property rights, if it is first-hand, it can be purchased from developers through mortgage loans, but compared with ordinary mortgage loans, its mortgage threshold is higher. At present, used car parking spaces cannot be mortgaged. However, although, like houses, first-hand parking spaces can also be purchased by mortgage, major banks are not actively developing and promoting this business, especially the mortgage procedures for first-hand independent parking spaces, and almost no banks are willing to take over.
3. Can parking spaces be bought and sold?
The most direct criterion for whether parking spaces can be sold is whether there is a title certificate or a pre-sale permit: if there is no title certificate, then parking spaces are not allowed to be sold. If a developer sells a parking space without a title certificate or a pre-sale permit to a buyer, the buyer will only get a contract in the end, not a certificate of ownership. This is a transaction that is not protected by law.
Some underground parking spaces are civil air defense projects. The so-called civil air defense project refers to the underground protective building built separately to ensure the shelter of wartime personnel, civil air defense command and medical rescue. They are mandatory buildings required by the state, and developers are prohibited from selling them. According to the current community planning laws and regulations, the shared space, parking space and garage included in the pool area belong to all owners of the community, and developers or property management companies have no right to sell them. Therefore, the proceeds from the garage reconstruction of civil air defense projects belong to all owners.
The original intention of buying a car is to facilitate travel and improve the quality of life. Cars are already consumables. Is it really worth spending the same or more money to buy a parking space? I think this problem needs to be carefully weighed by buyers.
(The above answers were published on 2017-01-16. The current purchase policy should be based on the actual situation. )
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