Rumor: Nanjing parking spaces are owned by the owners. Who belongs to the underground parking space?

Is the garage in the residential area owned by the owner or the real estate development company? Recently, Nanjing friends circle rumored that the parking space belonged to the owner, but then some media broke the news that it was untrue. Who does this parking space belong to?

Case review:

Nanjing court ruled that residents use it free of charge and developers have no right to sell it.

According to the online content, there are 59 underground garages in Xinghan Garden Community of Shuizuogang, Nanjing. The developer will sell 37 of them at a price of at least 80,000 yuan, and the rest will be rented by the property management at the monthly rent in 250 yuan.

To this end, the owners' committee has repeatedly asked the developers to return the garage to the owners on behalf of the owners, but the developers resolutely opposed it. In June this year, the owners' committee had no choice but to take the developer to court.

In the court hearing on June 5438+02, the court passed a collegiate bench and made a judgment in court. The underground garage belongs to all owners, and the developer should immediately hand over all the underground garages to the owners' committee. After the verdict, the developer also said in court: "We can't accept such a verdict and we have to appeal."

Rumor: The verdict ten years ago is long gone.

However, the information of avoiding rumors later shows that the "this month 12" in the article is actually 2003. At that time, after the verdict was pronounced in the first instance, Xinghan Company refused to accept it and appealed to Nanjing Intermediate People's Court. Nanjing Intermediate People's Court held that the facts were unclear in the original trial and ruled that "the original judgment was revoked and sent back for retrial".

After retrial, the owner of Xinghan City Garden Community actually has the right to obtain 29 garages. The plaintiff's request to confirm his right to possess, use, benefit and dispose of all garages in the community was not supported by the court because of insufficient basis. The defendant has delivered 24 garages and should hand them over to the plaintiff for 5 garages.

Because the garage that the defendant should hand over has actually been sold to other owners of the community, the plaintiff's request for transferring the parking space cannot be realized, so the plaintiff has the right to ask the defendant to pay the sale price of 500,000 yuan corresponding to the five garages. 2065438+September 2004, the Gulou court made a retrial judgment: it ordered Xinghan Company to pay 500,000 yuan for garage sales to the owners' committee, and rejected other claims of the owners' committee.

Then, how to determine the ownership of parking spaces?

According to reports, with the gradual development and maturity of the real estate market, after the promulgation of the Property Law, according to Article 74:

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

In the building division, the ownership of planned parking spaces and garages shall be agreed 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.

For the specific situation of Nanjing, according to the Provisions on the Transfer of Annex Buildings of Commercial Houses (Trial) which came into effect in Nanjing on June 5438+February 5, 2004, no less than/kloc-0.5% (at least 6 parking spaces) should be reserved for the owners.

In this case, the plaintiff should have 29 parking spaces, plus 23 parking spaces beyond the plan. However, the defendant has sold 35 parking spaces at present, and the plaintiff actually enjoys 24 parking spaces, so the defendant should deliver 5 parking spaces to the plaintiff.

Reminder: to identify rumors, we must also identify the false concerns of developers.

In fact, the problem about the parking space of the house has long been broken. There are already many properties that recommend houses to buyers under the marketing gimmick of "buying a house and sending a parking space". Take this opportunity to tell you how to recognize the voice of buying a house and sending a parking space in many real estates on the market.

Is it really affordable or fake hospitality? How many owners have fallen into helplessness because they are attracted by concessions? How to identify traps or pies? See what the law says.

First, according to the current laws and regulations on residential planning, the residential space, parking spaces and garages included in the pool area belong to all residential owners, and the supporting facilities such as civil air defense projects are also prohibited from being sold, and developers or property companies have no right to sell or give them away.

Second, insiders pointed out that in order to avoid unnecessary disputes, it is best for buyers to write the parking space details into the contract. If the buyer signs a pre-sale contract and the parking space is purchased together with the house, the buyer and the developer shall clearly agree on the parking space scope, parking space number, pre-sale area, pre-sale price and other contents. In the supplementary terms of the pre-sale contract, and it is best to have a plan. If property buyers buy a house before buying a parking space, they can sign a separate contract with the developer. The above details should be clearly stated, and the contract should be backed up separately, as well as giving away parking spaces.

(The above answers were published on 20 16-04- 12. Please refer to the actual situation for the current purchase policy. )

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