Legal provisions on parking fees

The legal provisions of parking fees need to be analyzed in detail. The following is the analysis: The legal basis of parking fees is that according to the provisions of the Civil Code, the owner's parking space is rented or given away by the parties, and a certain parking fee needs to be charged. The collection of parking fees is in accordance with the law, and the right to use the parking space belongs to the owner.

1. What is the legal basis for parking fees?

Service enterprises can provide parking storage services according to the entrustment of parking space owners, and can charge parking storage service fees according to regulations.

Second, can the parking fee in the community be raised at will?

You can't.

Parking fees are subject to market-regulated prices, government-guided prices and government pricing. Among them, the parking service charges such as outdoor or underground supporting parking lots in residential areas are subject to government guidance or government pricing.

The specific pricing form shall be determined by the competent pricing departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government according to the number of motor vehicles in their respective administrative areas and the relationship between supply and demand of parking services.

Third, who should the community parking fee income belong to?

The income from the use of some properties (including the income from the previous property management period) belongs to the owner of the * * * * property.

1, owned by all owners.

The parking fees for parking vehicles on roads or sites in the community, the income from advertising expenses such as obtaining advertising billboards by using public areas in the community, and the income from renting public buildings in the community to all owners' management houses and mobile houses are all owned by all owners.

2. Some owners.

Use * * * to obtain advertising fees, rental fees and residual value from some properties and facilities, which are owned by some owners. For example, when there are two or more houses in the community, the elevator advertising fee generated by one house belongs to the owner of the house.

The parking fee in the community is charged with the consent of all the owners, and it is necessary to charge a certain parking fee for the parking people. The income from parking fees may be owned by all owners or some owners, which should be analyzed according to the actual situation.

Legal basis:

civil law

Article 275 The ownership of the parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned 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.

Article 276 Within the parking spaces and garages of main-purpose buildings, the planning of parking spaces and garages for parking cars should first meet the needs of the owners.

civil law

Article 271 The owner of the differentiated ownership of a building enjoys the ownership of the exclusive parts of the building, such as houses and business premises, and the condominium of the parts other than the exclusive parts.

Article 272

Owners have the right to possess, use, benefit and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.