Job Recruitment Website - Property management - Does the civil air defense parking space in the community belong to the owner?

Does the civil air defense parking space in the community belong to the owner?

Legal analysis: the ground parking space in the residential area is a property accessory facility built by the developer according to the administrative plan. In fact, there is no building, and its essence belongs to land use right, so it is impossible to register property rights. After the developer sells the commercial house to the owner, the land use right within the construction scope belongs to all the owners. Therefore, the rights and interests of ground parking spaces as ancillary facilities belong to all owners, and their nature is no different from other public ancillary facilities.

Legal basis: The ownership of the parking spaces and garages planned for parking cars in Article 275 of the Civil Law of People's Republic of China (PRC) 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.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Differentiated Ownership of Buildings Article 5 If a construction unit disposes of parking spaces and garages to the owners by means of sale, gift or lease in proportion, it shall consider that its behavior conforms to the provisions of Article 276 of the General Principles of the Civil Law that "the needs of the owners shall 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. "