Do developers have the right to buy and sell underground parking spaces? Is this legal?

According to the provisions of Article 74 of the Property Law, the parking space for parking cars is planned, and the ownership of the parking space shall be agreed by the parties through sale, gift or lease.

Planning parking spaces to park cars, property rights belong to developers; Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

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

Therefore, there is no problem in planning parking spaces and buying and selling garages in building zoning. The key is to see how the parking space is agreed in the contract.

Whether the "allocation of parking spaces according to the ratio of 1: 1.8" written in the original house purchase contract is paid or unpaid should be explained according to the specific conditions of the contract. As for the specific price, in principle, it is determined by both parties through consultation.

Extended data:

In the following cases, the parking space belongs to all owners, and the developer has no right to sell it (that is, the individual has no property right of underground parking space).

(1) The developer has included the construction area of the underground garage when calculating the pool area;

(2) Accounting the cost of building an underground garage in the residential development cost;

(3) The function of the garage as a public supporting facility has been clearly defined in the community planning.

If the parking space is registered and obtained the property right certificate, it can be transferred, leased, mortgaged and otherwise disposed of according to law.

References:

People's Republic of China (PRC) Property Law-China Government Network