Is the parking space in the community owned by the owner?

In recent years, people pay more and more attention to the parking problem in residential areas. Many car owners who go home are always waiting for a parking space, but they can't wait. Buying a fixed parking space has become the biggest wish of many car owners. However, the price of parking spaces has soared, from tens of thousands to hundreds of thousands or even hundreds of thousands, which is really scary. Many people suggest that the parking spaces in the community should be owned by the owners, and developers have no right to buy or sell any more. Then, should the parking spaces in the community be owned by the owners? This problem cannot be generalized, but should be viewed from the following aspects.

1. Have parking spaces with roads.

According to Article 74 of the latest Property Law:

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

2. Within the building division, the ownership of the parking lot and garage planned for parking cars shall be agreed upon by the parties through sale, gift or lease.

3. Parking spaces that occupy roads or other venues owned by the owner for parking cars belong to the owner. In some residential areas, developers will transform public roads or public green spaces into parking spaces. According to the Property Law, these parking spaces belong to the owners and the developers have no right to sell them.

Second, the ownership of underground parking spaces.

In recent years, in order to use space, many developers have built underground parking spaces in many communities. We should also analyze underground parking spaces from several aspects.

1. For the underground parking spaces that have been included in the pool area and shared, it is impossible to apply for the title certificate. Parking spaces are owned by all owners, and developers have no right to sell or transfer them.

2. If the area of the underground parking space is not shared, then the property right of the parking space belongs to the developer, and the developer has the right to sell the parking space to the buyers. However, for this kind of parking space, developers can only sell it to property buyers in this community.

3. The underground parking spaces in some communities belong to the national civil air defense project and the country. For this kind of underground parking space, it belongs to the country, not to the developer or the owner. However, according to Article 5 of People's Republic of China (PRC) Civil Air Defense Law:

? Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors. ? As can be seen from this regulation, the investment of the developer is automatically transferred to all owners with the transfer of the land use right, so the income from the reconstruction of the garage by civil air defense projects belongs to all owners.

Therefore, for the majority of owners and friends, there is a legal basis for inquiring whether the parking spaces in the community belong to us. When buying real estate, we should carefully look at the purchase contract. For this unclear question, we should ask the developer more. At the same time, developers should also abide by the regulations and don't deliberately deceive property buyers for their own interests. For this kind of problem, we should tell the truth, so that buyers can buy a house without worry.

(Article picture from the network)