How to know who should own the property rights of underground parking spaces in residential areas?

The legal basis for the ownership of underground parking spaces in residential areas is the Property Law of People's Republic of China (PRC).

1. According to Article 74 of the Property Law of People's Republic of China (PRC), the parking spaces and garages planned for parking cars within the building division should first meet the needs of the owners. Ownership of parking spaces and garages planned for parking cars 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.

2. According to Article 73 of the Property Law of People's Republic of China (PRC), the roads within the building area belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner.

Extended data

With reference to the Notice of Chongqing Municipal Bureau of Land and Housing Management on Regulating the Sales of Supporting Parking Spaces for Commercial Housing, the matters needing attention in the sales of supporting parking spaces for commercial housing are as follows:

1, the parking space property unit has the right to dispose of the parking space, and the supporting parking spaces in the community can be rented or sold. After obtaining legal sales procedures, real estate development enterprises can choose to rent or sell parking spaces in residential areas independently according to their own operating conditions, and the rental or sale of parking spaces is decided by the enterprises themselves.

2. The sales of parking spaces must first meet the needs of the owners. If the owner gives up the purchase within the specified time, the extra parking spaces can be sold to other owners.

3. If the real estate enterprise should obtain the pre-sale permit of parking spaces, it can carry out the pre-sale of parking spaces; Real estate enterprises should handle the initial registration of parking spaces, and now they can sell parking spaces.

4. When registering the ownership of the purchased parking space, in addition to the required documents, if it belongs to the purchased parking space, it shall also submit the buyer's explanation on the purchase of the parking space (except the pre-sale contract); For the purchase of two parking spaces, in addition to the buyer's explanation on the purchase of parking spaces, it shall also submit the explanation and commitment of the real estate development enterprise on the sale of parking spaces.

Central People's Government of People's Republic of China (PRC): Property Law of People's Republic of China (PRC) and People's Republic of China (PRC)

Notice of Chongqing Municipal Bureau of Land and Housing Management on Regulating the Sales of Supporting Parking Spaces for Commercial Housing