Is the parking space on the road in the residential area owned by the owner or the property?

There are three main types of parking spaces in residential areas: ground parking spaces, underground civil air defense parking spaces and underground property parking spaces.

Lawyer Tang Shuping of Sheng Bang Law Firm said that according to the Property Law, the public facilities in the community belong to all owners. If parking spaces are public facilities, developers will have no ownership, let alone market transactions (buying and selling parking space use rights or ownership).

It is reported that if it is not a public facility, the developer needs to be approved by the real estate management department. If it is approved, the ownership certificate of the parking space will be issued, and the ownership of the parking space can be obtained.

In this case, the developer can sell the right to use the parking space to the owner. In another case, the owner should determine whether the parking space of the building is a parking space for civil air defense projects. If so, the parking spaces of civil air defense projects cannot be sold and traded, and they are managed by civil air defense departments in wartime.

Extended data:

Generally speaking, parking spaces on the ground are simply marked and not closed. It is not a residential building, but a way of land use right on the level of residential area, and the land use right belongs to all owners.

Regarding whether the ground parking space belongs to the infrastructure shared by all owners, Li Jiahao believes that according to the statutory principle of property rights, the principle of registration and publicity of the property law and the provisions of Article 70 of Chapter VI of the property law, the owners enjoy the ownership of the exclusive parts of the building, such as business premises.

For * * * except proprietary parts, it has the right to jointly manage with * * * *. It can be simply considered that only those parking spaces registered under the name of the developer belong to the exclusive part of the developer, and other parking spaces without ownership registration belong to the public part and should belong to all owners.

In addition, Li Jiahao pointed out that in reality, the key to the ownership of ground parking spaces lies in whether the investment in the construction and development of parking spaces is calculated as a pool area in the purchase price. In addition, whether the place occupied by the parking space complies with relevant laws and regulations belongs to the owner.

According to the provisions of Article 74 of the Property Law, the parking spaces and garages planned for parking cars in a building division should first meet the needs of the owners.

In the building division, the ownership of planned parking spaces and garages shall be agreed 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.

Reference source: China News Network-When will the dispute over the ownership of parking spaces on residential roads end? It is urgent to improve relevant laws and regulations.