How to analyze the ownership of all kinds of parking spaces in residential areas

Parking spaces in residential areas can be divided into ground parking spaces, underground parking spaces for civil air defense, underground parking spaces for non-civil air defense and parking spaces (garages) independently built in residential areas, and these parking spaces have different situations and characteristics. So how to analyze the ownership of these four types of parking spaces?

With the development of society, private cars have changed from luxury to transportation and entered the homes of ordinary people. With the increasing number of private cars, the contradiction derived from parking spaces in residential areas has become increasingly prominent, especially the ownership and income attribution of parking spaces in residential areas, which has become the crux of all disputes over parking spaces in residential areas. At present, parking spaces in residential quarters can be roughly divided into four categories: ground parking spaces in residential quarters, underground parking spaces for civil air defense, underground parking spaces for non-civil air defense, and parking spaces (garages) independently built in residential quarters. To analyze the ownership of all kinds of parking spaces in residential areas, we should classify and analyze them according to their different situations and characteristics.

First, the ground parking space in the community

Ground parking space refers to the parking facilities directly set on the surface of residential areas and marked with lines and divisions. It can be divided into planned ground parking spaces and parking spaces occupying the owner's roads or other * * * venues.

1. Planned ground parking space. This kind of parking space refers to the parking space set by the residential developer within the red line of the residential area with the approval of the planning department, which is reflected in the construction drawing and completion drawing. Article 74 of the Property Law stipulates that the 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. The first paragraph of Article 75 of the Regulations on Property Management in Shaanxi Province stipulates that the parking spaces and garages planned for parking motor vehicles in the property management area should first meet the needs of the owners by selling, giving away or renting. As far as the present situation of residential quarters in Ganxian county is concerned, developers generally stipulate in the commercial housing sales contract that the ownership of such parking spaces belongs to the developers, and after the delivery of the quarters, the parking spaces will be transferred or leased to the owners of the quarters.

2. Take up parking spaces on roads owned by the owner or other places to park cars. Article 73 of the Property Law stipulates that the roads within the building division are owned by the owners, 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. Paragraph 3 of Article 74 clearly stipulates that parking spaces that occupy roads or other places owned by the owner for parking cars shall be owned by the owner. As for the ownership of this kind of ground parking space, the law clearly stipulates that it belongs to all owners, so there is no dispute about its ownership. But in practice, the main reason that easily leads to owners' dissatisfaction is that property companies often charge parking fees for these parking spaces. There is a legal basis for property companies to collect parking fees. The second paragraph of Article 75 of the Regulations on Property Management in Shaanxi Province stipulates that if the owners occupy roads and sites within the property management area to park motor vehicles, the owners' meeting shall decide whether to charge the site occupation fee, and charge the standard and purpose. If the owners' congress decides to collect the motor vehicle site occupation fee, the site occupation fee belongs to all owners, and the owners' committee may entrust the property service enterprise to collect it on their behalf. Of course, the parking fee charged by the property management company will be included in the account of the community owner after deducting a part of the parking management property fee, and the extraction ratio of the parking management property fee is generally determined by the property management company and the community owners' Committee through consultation.

Second, civil air defense underground parking spaces

Civil air defense underground parking space refers to the parking space combined with civil air defense engineering construction, which is an integral part of civil air defense engineering. There are disputes about the ownership of underground parking spaces for civil air defense, and the mainstream views are divided into two categories: one is that civil air defense projects are part of national defense projects, and the ownership belongs to the state, and developers have no right to dispose of them; Another view is that civil air defense projects should be owned by developers because of their investment, but they can be unconditionally requisitioned by the state in wartime. In practice, local governments have different attitudes towards the ownership of underground parking spaces for civil air defense. For example, in Guangzhou, after the developer pays the land transfer fee for underground parking spaces, he can handle the initial registration of the ownership of underground civil air defense parking spaces for the developer, and the owner can handle the title certificate of such parking spaces after purchasing such parking spaces. Beijing's approach is that developers must pay a certain percentage of the use fee of civil air defense projects to the Civil Air Defense Office before disposing of such parking spaces. However, there is no underground parking space for civil air defense in Ganxian. However, according to the current development of Ganxian County, civil air defense projects are imperative.

Third, non-civil air defense underground parking spaces.

The Regulations on the Management of Urban Underground Space Development and Utilization has different provisions on the ownership of such parking spaces from the Property Law. Article 25 of the Regulations stipulates that the construction unit shall be allowed to transfer or lease the underground project that it has invested and developed by itself or developed according to law in accordance with the principle of who invests, who owns, who benefits and who disposes of it. As far as the current situation in Ganxian County is concerned, developers can choose to pay or not pay the land transfer fee to the land department. If the developer pays the land transfer fee for the parking space, the land department can register the initial ownership of the basement containing this kind of parking space. However, because a single underground parking space does not meet the characteristics of independent use of houses, even if the basement is initially registered, it is impossible to apply for a separate title certificate for this kind of parking space. At present, developers of residential areas in Ganxian generally choose to transfer the right to use parking spaces or lease them. However, in the process of disposing of such parking spaces, neither the transfer agreement nor the lease agreement can be put on record, which is a regulatory blank area and urgently needs the government to introduce regulatory measures.

Fourth, the independent construction of parking spaces (garages)

This kind of parking space is independent. It is a parking space invested and built on the land that the developer has independent right to use. You can handle the initial registration and transfer registration of property rights according to law. After the initial registration, its ownership clearly belongs to the developer, and after it is sold to a specific owner for transfer registration, the property rights belong to the specific owner. This kind of parking space is the most formal parking space, which can basically be regarded as a house. The transfer agreement must be filed with the government department before the real estate registration ownership certificate can be processed. However, due to the high investment cost, developers are reluctant to invest in the construction of such parking spaces, and there are not many such parking spaces in practice. In addition to the above four types of parking spaces, mechanical parking spaces are also common at present, but mechanical parking spaces can belong to the above three types of parking spaces according to their layout. In addition, from the above analysis, it can be seen that except for ground parking spaces and independently built parking spaces (garages), the existing laws and regulations have no specific provisions on the ownership of the other two types of underground parking spaces, and they are also in the blind spot of government supervision in practice, and the clarity of their ownership needs to be improved by laws and regulations.