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Ownership of ground parking spaces
Ownership of ground parking spaces
Ground parking space is a parking facility marked by the division of residential areas. Generally, a construction planning permit issued by the government is required. Article 72 of the Property Law stipulates that the roads within the building division do not belong to urban roads; Green space, other public places, property service rooms and public facilities within the building division belong to the owners, except those marked as individuals or urban public green spaces; Paragraph 3 of Article 74 of the Property Law stipulates that parking spaces that occupy roads or other venues owned by the owners for parking cars shall be owned by the owners.
Generally speaking, after a developer sells a commercial house or pre-sells a housing unit in a residential area, it has gone through the initial registration and transfer registration, and the owner of the housing unit owns all the land use rights of the plot number. The ground area where the ground parking space is located is included in the total land use right area of the community, so the right to use the parking space belongs to all owners of all buildings.
The ground parking spaces are divided by lines, which are unobstructed and do not meet the independence standards of structure and use. Therefore, regardless of its nature, the income generated by the right to use belongs to all the people in the area.
Users of ground parking spaces should pay rent or use fees to the owners' committee, and at the same time pay a certain fee to the competent property service company; Therefore, neither developers nor property management companies have the right to set up parking spaces on the ground of residential areas. If you want to set up and operate ground parking spaces, you must first obtain the consent of the owners' meeting and sign an agreement with the owners' Committee to make a specific agreement on the income distribution.
Bian Xiao concluded: The above is related to the ownership of ground parking spaces, and I hope it will help everyone.
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