Article 2 1 of Arbitration Rules for Parking Spaces and Garages in Residential Quarters.

Parking spaces and garages are important auxiliary facilities for community owners to live together and are closely related to their lives. Article 74 of the Property Law stipulates the relevant ownership and management rules of parking spaces and garages in residential areas in three paragraphs, but the provisions are too principled to solve all legal problems of parking spaces and garages. In order to deeply understand the relevant referee rules, this paper systematically sorts out and refines the referee points of the Supreme People's Court's related works, and tries to provide you with a relatively clear referee idea.

I. Legal basis

1. People's Republic of China (PRC) property law (March 2007 16)

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

Within the building division, the ownership of parking spaces and garages planned for parking cars shall be agreed upon by the parties through 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.

2. Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Housing Ownership Disputes (Fa Shi [2009] No.7, May 2009 14)

Article 5 If the construction unit disposes of the parking spaces and garages to the owners in proportion by selling, giving away or renting, it shall consider that its behavior conforms to the provisions of the first paragraph of Article 74 of the Property Law that "the needs of the owners should be met first".

The allocation ratio mentioned in the preceding paragraph refers to the proportion of parking spaces, garages and housing units planned for parking cars within the planned building division.

Article 6 In addition to the planned parking spaces for parking cars, the additional parking spaces on the owner's roads or other sites within the building division shall be recognized as the parking spaces mentioned in the third paragraph of Article 74 of the Property Law.

Second, the main points of the case

1. Roof parking lot cannot exist alone without the roof. If there is no evidence to the contrary and special agreement, it should be owned by all owners of the community.

The ownership of the roof parking lot should be comprehensively considered according to the specific circumstances of the case. The foundation, load-bearing structure, external wall, roof and other basic structures of the building shall be owned by the owner. The parking lot is built on the roof owned by the owner and belongs to the basic structure of the building. It is directly integrated with the roof and cannot exist alone without the roof. In the absence of evidence to the contrary and special agreement, the roof parking lot should be owned by all owners of the community. The ownership of the supporting car elevator should be consistent with the roof parking lot.

Case index: Shanghai No.2 Intermediate People's Court [20 10] No.728 and No.730 "Shanghai Huangpu Jin 'ou Wanguo Building Owners Committee v. Shanghai Guo Hong Real Estate Co., Ltd. and Shanghai Baoding Investment Co., Ltd.", see Zhang Xiaopin: Legal Analysis of Roof Platform Parking Ownership, in the Supreme People's Court People's Justice.

2 parking spaces owned by all owners are rented by the property management unit, and the rental income belongs to all owners.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner. The parking spaces owned by all owners are rented by the property management unit, and the rental income belongs to all owners. Although the lessee rents the parking space through the property management unit and pays the corresponding fees, the management of the rented parking space should proceed from the requirements of harmonious and stable community order and stable and convenient life of the owners, and follow the resolutions of the community owners' assembly, property management contracts, community management practices and the normative requirements of the property management unit.

Case index: Shanghai Minhang District People's Court [20 13] Wu (Min) No.418 "Xu and Miao's Infringement Dispute", see Yin Xue, "Definition of Ownership of Disputes over the Right to Use Parking Spaces Leased by Community Owners", contained in the Supreme People's Court Min's Case No.655 20 15.

Third, be practical.

1. Underground parking lots, paid parking spaces on the ground and parking spaces and garages built in violation of the planning requirements and not belonging to the whole community are not within the adjustment scope of the Property Law.

The first and second paragraphs of Article 74 of the Property Law apply to the ownership of "parking spaces and garages planned for parking cars within a building division". In practice, the situation of parking spaces and garages is not uniform. Some of them are in the architectural planning, some occupy idle land, and some occupy roads, which should be treated differently. The Property Law only clarifies the ownership of parking spaces and garages planned for parking cars in building divisions. Underground parking lots, paid parking spaces on the ground, and parking spaces and garages built in violation of planning requirements that do not belong to the whole community do not belong to the adjustment scope of the Property Law.

Key points index: See Understanding and Application of the Provisions of People's Republic of China (PRC) Property Law, edited by the Supreme People's Court Property Law Research Group, People's Court Press, 2007, p. 239.

2. The "parking space" and "garage" as stipulated in the second paragraph of Article 74 of the Property Law refer to the parking spaces and garages approved by the planning at the initial stage of project construction; The "parking space" as mentioned in the third paragraph of this article refers to the parking space added by the owner on roads or other venues in addition to the parking space planned for parking cars within the building division.

The "parking spaces" and "garages" stipulated in the second paragraph of Article 74 of the Property Law actually refer to the ownership of the parking spaces and garages approved by the planning at the beginning of the project construction, and the construction unit has the right to dispose of these parking spaces and garages. However, the circumstances stipulated in the third paragraph are different from those stipulated in the preceding paragraph of this article. The original legislative meaning of the parking space mentioned in the third paragraph actually refers to the parking space generated separately from the initial planning. Property law refers to the ownership of parking spaces and garages built according to the plan in the process of project construction, which is determined by both parties through consultation. However, after the project construction is approved according to the plan, if the construction unit or the realty service enterprise occupies the newly-added parking spaces on the roads or other sites owned by the owner, the provisions of the third paragraph shall apply, and it shall be regarded as belonging to the owner.

Key points index: See Understanding and Application of Judicial Interpretation of Differentiated Ownership of Buildings and Property Services in the Supreme People's Court, edited by the First Court of Civil Trial in the Supreme People's Court, People's Court Press, 2009, p. 100.

3. Planning parking spaces and garages should first meet the needs of community owners, which is the basic principle to deal with the ownership of parking spaces and garages in communities.

The ownership of parking spaces and garages involves the vital interests of the majority of owners. Planning parking spaces and parking garages, as ancillary facilities of buildings, must first meet the needs of community owners. This is the basic principle to deal with the ownership of parking spaces and garages in residential areas. This can be understood from two aspects: first, to distinguish the construction of all buildings, a certain number of parking facilities must be guaranteed, and developers are prohibited from developing parking facilities of all buildings independently within their own ownership; Second, the motor vehicle parking facilities configured by the construction unit according to the planning requirements should be provided to the owners of the community. Under the premise of ensuring the use of the owners of the community, only people other than the owners of the community can be allowed to use them.

Key points index: See Understanding and Application of the Provisions of People's Republic of China (PRC) Property Law, edited by the Supreme People's Court Property Law Research Group, People's Court Press, 2007, p. 239.

4. "Meeting the needs of owners" can only be the demand in a specific period of time, and can only be the basic parking demand of all owners, and the number should be limited.

Planning parking spaces and parking garages must first meet the needs of owners. "Owner's needs" can be understood from three levels:

(1) The time should be reasonable to meet the needs of the owner. Not all owners need parking spaces and garages at any time, but developers should meet them.

(2) The owner's demand should be reasonable in quantity. Meeting the needs of car owners can only be a reasonable demand, that is, as long as the basic parking needs of car owners are met, they are considered to have been met.

(3) The needs of owners should also be interpreted as the needs of all owners, or the needs of most owners, rather than the needs of individual owners.

Index of key points: See Understanding and Application of Judicial Interpretation of Differentiated Ownership of Buildings and Property Services in the Supreme People's Court, edited by the First Court of Civil Trial in the Supreme People's Court, People's Court Press, 2009, pp. 86-87.

5. Planning parking spaces and parking garages "should first meet the needs of the owners", and does not give the owners the preemptive right or lease right.

(The above answers were published on 20 16- 10-26. Please refer to the current actual purchase policy. )

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