Does the property have the right to charge the agency fee for the parking space?

Property management parking spaces have the right to collect parking space management fees. It doesn't exist, and it has no right to sell parking spaces through intermediary, so it has no right to charge parking space intermediary fees.

Legal analysis

Property parking spaces mainly refer to parking spaces and garages built by developers, and developers have independently acquired the property rights of garages. In this case, the developer can entrust a housing brokerage company or a property management company to rent and sell parking spaces to the owners. This kind of parking space is sold by developers to property buyers, and it is not easy for developers to give away property parking spaces when they collect houses. Because this is part of the developer's planning and sales, it has passed the examination and approval, and this kind of parking space can handle the property certificate. The service life of the parking space is the same as that of the commercial housing, and the owner can also sell the parking space after obtaining the property right certificate. Pool parking space refers to the parking space whose parking area has been included in the pool area and allocated. According to relevant laws and regulations, if roads or other sites owned by the owner are used for parking spaces, they are owned by the owner. Developers and property companies have no right to rent and sell. Civil air defense parking spaces are planned parking spaces for civil air defense projects. Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors. Therefore, under the premise of not hindering the civil air defense function and meeting the needs of the owner, the owner can use it and charge a certain fee according to the regulations. Developers only have the right to use, no property rights, and can only rent. It is forbidden to sell civil air defense parking spaces. Civil air defense parking spaces are parking spaces without property rights. Developers build civil air defense projects and then transform them into underground parking spaces. The property right of this kind of parking space does not belong to the owner or the developer. It cannot be sold and can be rented for a period of no more than 20 years.

legal ground

People's Republic of China (PRC) Civil Code

Article 275 The ownership of planned parking spaces and garages within a building division shall be agreed upon 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.

Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.