Is it legal to sell parking spaces in property?

1. Is it legal to sell parking spaces?

1. Whether it is legal to sell parking spaces depends on the situation:

(1) If the property right has been transferred to the property management company, the property management company can sell it, which is legal;

(2) If the property right does not belong to the property company, generally speaking, the property company cannot sell it unless the parking lot owner entrusts the property company to operate. If the owner does not entrust, then the property company is operating illegally.

2. Legal basis: Article 276 of the Civil Code of People's Republic of China (PRC).

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

Article 277

Owners can set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.

The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

Article 274

Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 275

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.

Second, do parking fees belong to property management?

1, the property management company has no right to collect parking fees without authorization;

2. It is understandable that the property management company collects vehicle management fees from vehicles, and the competent price department also has corresponding regulations on this charging standard. However, it is obviously inappropriate for property management companies to charge venue rental fees, because the ownership of public places does not belong to property management companies;

3. Parking, charging and management of vehicles in public places within the property management area shall be decided by the owners' meeting. If the owners' congress decides to charge for parking vehicles, the charging standard shall be determined with reference to the provisions of the competent price department.