The underground parking space approved by the competent department can apply for the title certificate according to the land use and contract, which belongs to the commercial and residential nature. The developer can only apply for the first-hand account after the general registration of real estate, and the service life is determined according to the land property right use.

To apply for a certificate of immovable property rights (underground parking spaces), the following materials shall be submitted:

(1) An application for real estate registration;

(2) the identity certificate of the applicant;

(3) Certificate of ownership of immovable property;

(four) the registered commercial housing sales contract;

(5) Relevant tax payment vouchers;

(6) the household registration book and clan map of the property;

(seven) other materials stipulated by laws, administrative regulations and the detailed rules for the implementation of the Provisional Regulations on the Registration of Real Estate.

Extended data:

Article 136 of the Property Law of People's Republic of China (PRC): "The right to use construction land can be established on the surface, underground or above ground", and finally it is established that construction land can be divided into the right to use above ground, surface and underground.

Article 74 of the Property Law of People's Republic of China (PRC): Within the building division, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.

The ownership of the parking spaces and garages planned for parking cars within the building zoning shall be agreed upon by the parties through the ways of sale, gift or lease.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Conditions for underground parking spaces not to be sold:

Whether the developer has the right to sell the underground garage depends on whether the garage belongs to all the owners or to the building invested by the developer. Meet one of the following conditions, the garage owned by all owners, developers have no right to sell:

(1) The developer has included the construction area of the 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 government regulations, it should be delivered to the owner free of charge, that is, the function of the garage as a public supporting facility has been clearly defined in the community planning, and the construction of the garage is the legal obligation of the developer.

If one of the above circumstances exists, the developer has no right to sell the garage. If this situation does not exist, the developer who invested in the construction of this underground garage has the exclusive right to use it and has the right to sell it. At this time, residents who buy basement parking spaces can ask developers to provide a garage sales license issued by the real estate management department or a certificate issued by the price bureau that the garage is not included in the construction and installation cost.

The difference between a parking space with property rights and a parking space without property rights;

1. Generally, the term of property right of a parking space with property right is 70 years, and that of a parking space without property right is only 20 years.

2. Property parking spaces can be traded, and non-property parking spaces can only be sold.

Generally speaking, parking spaces without property rights and unable to handle property rights are civil air defense projects that the government forces developers to maintain. Usually the government doesn't care. In special circumstances or emergencies, the government has the right to requisition and use these civil air defense projects unconditionally. Many developers turn these civil air defense projects into parking spaces to sell. They claim that they have no property rights, but they can sign contracts (usually agreements) and sell them to the owners, while saving thousands of dollars for property rights.

In the agreement, the developer will generally state that it is the developer who rents the parking space to the owner for ten years and collects the rental fee of the owner for ten years at one time (actually, it is what they call the house payment for purchasing the parking space). ), after more than ten years, car owners use parking spaces for free without paying rental fees. And the owner can always use it.

References:

Baidu Encyclopedia-People's Republic of China (PRC) Property Law