Legal provisions on parking fees for foreign vehicles in residential areas

Whether a property company has the right to charge parking fees (parking fees, occupancy fees) from owners varies according to different situations. In some places owned by owners, as long as it does not affect the traffic in the community, the property management company has no right to charge you parking fees (parking fees, road occupation fees), and the price department will not have any approval for the road charges of the property management company in the community. According to the relevant provisions of the tax law, the parking fee charged by the property company to the owner should be calculated and paid business tax, and the general invoice of the service industry should be issued on its own initiative. Failure to issue invoices for fees violates the relevant provisions of the tax law. Consumers can report to local tax authorities or complain to local consumers' associations.

The parking fee is approved by the price bureau and has a formal invoice. The fees collected belong to all owners, but if the investment and construction of the community is too large, it can be used by the property, but it must be approved by the industry Committee.

1. For example, the new regulations on parking service fees in residential areas.

Above-ground (ground) parking service charges in the property management area are the highest in 70 yuan/vehicle/month. Social vehicles that temporarily enter residential areas are free of charge in the first hour, and they will be charged at 2 yuan/hour if they exceed 1 hour (if they are less than 1 hour, they will be charged at 10 yuan every day (within 24 hours)).

For the garage or parking space in the garage where the owner owns the property right (or the right to use it) in the ordinary residential community, the property service fee (including the electricity fee for public lighting in the garage) shall be charged according to the charging standard of the ordinary residential property service.

Multi-storey residential quarters are charged according to the property service fee standard of multi-storey residential quarters;

High-rise residential quarters are charged according to the property service fee standard of high-rise residential quarters;

If underground garages (parking spaces) are used in floors and high-rise mixed residential areas, they shall be charged according to the standard of property service fees in high-rise residential areas;

For residential and non-residential mixed residential areas, residential owners charge according to the residential property service fee standard, and non-residential owners implement market-adjusted prices.

The above parking service charges are applicable to the pre-property management, and the market-adjusted price will be implemented after the owners' meeting (owners' committee) is established.

Underground garages (parking spaces) and mechanized three-dimensional parking garages (parking spaces) are rented at market-adjusted prices.

The property service fee of mechanized three-dimensional parking garage (parking space) or mechanical platform parking garage built in the purchased community shall be subject to market adjustment price.

Under the condition that the owner's parking demand is met first, the parking lot opened to the public with the approval of the relevant departments in the community will be charged according to the parking fee standard of no more than similar lots.

Two:

(1) Parking management fee for indoor centralized garage

1, monthly parking management fee:

(1) Vehicle charging standard for residential quarters: passenger cars with less than 7 seats and trucks with less than 3 tons per month 120 yuan; Each bus with 7 seats or more per month 150 yuan. Two-wheeled and three-wheeled motorcycles every month in 30 yuan. Three-wheeled non-motor vehicles in 20 yuan every month.

(2) The charging standard for foreign vehicles: passenger cars with less than 7 seats and trucks with less than 3 tons per month 180 yuan; 220 yuan for 7-seat and above passenger cars per month. Two-wheeled and three-wheeled motorcycles are 50 yuan each month. Three-wheeled non-motor vehicles in 30 yuan every month.

2. Fees for temporary parking management: within 4 hours, 3 yuan for each vehicle, 2 yuan for two-wheeled motorcycles and three-wheeled non-motor vehicles; For more than 4 hours, the car charges 3 yuan every 4 hours, and the two-wheeled, three-wheeled motorcycles and three-wheeled non-motor vehicles charge 2 yuan every 4 hours; Less than 4 hours shall be counted as 4 hours. Every day (for 24 consecutive hours), if the number of vehicles exceeds 12 yuan, it will be charged at 12 yuan; Two-wheeled, three-wheeled motorcycles and three-wheeled non-motor vehicles exceed each 8 yuan, and are charged according to 8 yuan.

(2) Parking management fee for outdoor open-air parking lot

1. Monthly parking management fee standard: 7-seat passenger cars 120 yuan, 0-ton truck 1 yuan; Two-wheeled and three-wheeled motorcycles every month in 30 yuan.

2. Charge standard for temporary parking management: 1 hour without charge; 1 hour to 4 hours, 2 yuan per vehicle (times), 1 yuan per motorcycle (times); For more than 4 hours, the car will be charged 2 yuan, and the two-wheeled and three-wheeled motorcycles will be charged 1 yuan every 4 hours; Less than 4 hours shall be counted as 4 hours.

Parking management fees for parking spaces (garages) owned by the owners and residents:

Parking management fee for indoor centralized garage, 30 yuan per parking space per month. The only garage on the ground floor is not allowed to charge.

The parking management fee of the parking lot and parking space (garage) owned by the property management company (or the agent of the property management company) allows the property management company to determine the charging standard on the basis of /-20% of the benchmark price.

(3) Benchmark price standard of indoor centralized garage

1. Monthly parking fee standard: 300 yuan for each car, 50 yuan for motorcycles, tricycles and non-motor vehicles.

2. Charging standard for temporary parking: 2 yuan per hour for automobiles, and per hour for two-wheeled, three-wheeled motorcycles and three-wheeled non-motor vehicles 1 yuan. Each car (time) charges less than 2 hours, calculated as 2 hours; More than 2 hours, less than 1 hour, calculated as 1 hour. Every day (24 hours in a row), if each car exceeds 18 yuan, it will be charged at 18 yuan; Every two-wheeled, three-wheeled motorcycle and three-wheeled non-motor vehicle that exceeds 10 yuan will be charged according to 10 yuan.

We found that in fact, in different communities, the parking fees charged by the owners are different, even in the same community, the charges on the ground and underground are different. The Civil Code has made certain provisions on the issue of charging parking fees for property, but in practice, different situations will naturally be different.

legal ground

People's Republic of China (PRC) Civil Code

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 the main building, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.