Who will benefit from civil air defense parking spaces?

According to the civil air defense law, civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors. In addition, the regulations on civil air defense and property management require the maintenance and management of civil air defense projects developed and utilized. Of course, the property management company does not enjoy the right to use and the right to benefit from the parking spaces owned by the owners, and the latter only accepts the authorization of the owners to operate and manage these parking spaces (generally speaking, except for the civil air defense parking spaces, the parking spaces reserved by the developers and the parking spaces sold to the owners, other parking spaces belong to all owners).

First of all, the second paragraph of Article 5 of the People's Republic of China (PRC) Civil Air Defense Law stipulates that the state encourages and supports enterprises, institutions, social organizations and individuals to invest in civil air defense projects through various channels; Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors. As investors in the garage involved, the developer and a company enjoy the right to use, manage and benefit from the disputed parking space, because the disputed parking space was still registered in its name at first.

Secondly, according to the housing area measurement report issued by the relevant departments, the construction area of the garage involved was not shared as the construction area of the community involved.

Moreover, judging from the commercial housing sales contract signed by the construction unit and the community owner, the two parties did not agree on the transfer of the rights of the garage involved, that is, the purchase price paid by the community owner only corresponds to the self-owned house and the shared building, excluding the garage involved. To sum up, the industry Committee advocated the recovery of parking space management rights and income rights, lacking factual and legal basis, and the first-instance judgment rejected all the claims of the industry Committee. The second-instance judgment rejected the appeal of the industry Committee and upheld the original judgment.

2. The use and management of civil air defense parking spaces and the ownership of income rights should follow the principle of "whoever invests benefits", and the specific criteria should be "whether the construction cost has been included in the construction cost of commercial housing in the community" and "whether the area allocation has actually been allocated to the shared area of the owners of the community".

In practice, civil air defense parking spaces are generally not included in the public building area, and their construction costs are borne by developers. Then, according to the principle of "whoever invests benefits", the developer can retain the management right and income right of the parking space. If the construction cost of the civil air defense parking space is finally included in the house price and the area belongs to the owners, then the income right should belong to all the owners.

Because there are certain restrictions on the lease, transaction and property registration of civil air defense parking spaces, consumers should understand the rental and sales policies of residential civil air defense parking spaces, and consult local civil air defense or real estate transaction departments to confirm the ownership of parking spaces when necessary to avoid unnecessary economic losses.