We can sign a sales contract for parking spaces in our community, but there is no property right certificate. Can we buy it? What should I pay attention to? They say it will last like a house for 70 y

We can sign a sales contract for parking spaces in our community, but there is no property right certificate. Can we buy it? What should I pay attention to? They say it will last like a house for 70 years! At present, there are two situations about parking spaces in practice:

One is that the developer has stated the purpose when applying for construction, and the developer can get the property certificate. This parking space belongs to the real estate with property rights and belongs to all parking spaces of the developer, so you can buy and sell it with confidence.

Focus on the second one. The second is that the developer did not specify the purpose when reporting for construction, so he could not get the real estate license. More practice is to open up the pool area owned by community owners to build parking lots. The ownership of this parking space is now controversial. Because there is no proof of ownership of real estate, the following problems arise:

1. Whether the parking space belongs to the community owner or the developer directly determines whether the developer's buying and selling behavior is effective.

2. If the parking space belongs to the community owner, can it be bought, sold or leased? The buying and selling price or rental fee is charged according to the management regulations formulated by the community owners' committee, not the buying and selling price or rental price formulated by the developer. And even if the management regulations allow the sale of parking spaces, the sale is not a sale, but a lease, which is valid for up to 20 years.

3, because there is no property ownership certificate, there is no 70-year property right. China's real estate property right is not ownership, but actually the right to use. In the absence of clear legal provisions and ownership certificates issued by the state, the so-called 70 years is just a gimmick and not credible.

The following is an authoritative report on parking spaces.

Nanjing Internet Court ruled that the underground garage belonged to the owner, while Gulou Court denied the rumor.

20 16 April 12 07: 18

Recently, the People's Court of Gulou District has aroused widespread concern about the dispute between the owner and the developer about the underground garage. Although the statement that "the court ruled that the underground garage belongs to all owners" and "the developer should get a refund when collecting money to sell the parking space" was falsified, in reality, the puzzle of parking space ownership still exists in the community.

Recently, the circle of friends posted crazily that there were 59 underground parking spaces in Nanjing Xinghan Garden Community, and the industry committee sued the property company for handing over the garage on 20 1 1, and obtained the court's judgment that "the developer handed over the underground parking garage to the industry committee for management, and all the owners enjoyed the rights and interests of the underground parking garage".

In fact, the judgment did not take effect, and the developer immediately appealed to the Nanjing Intermediate People's Court. After the case was revoked and sent back for retrial, it was finally decided that 29 parking spaces were owned by the owners and handed over by the developers. These 29 parking spaces include 23 parking spaces occupied by developers in places where the owners have roads and other places beyond the planned construction, and at least 6 parking spaces that should be reserved for the owners as stipulated in Article 6 of the Regulations on the Transfer of Affiliated Houses of Commercial Houses in Nanjing (Trial). In addition, the net post also hinted that "the developer will withdraw from the huge amount of parking spaces sold", which is closely related to the interests of the citizens and has caused many citizens to forward it.

After discovering that the case was rumoured, the Gulou Court immediately issued a statement on the official WeChat, emphasizing that "some judgments mentioned in the official WeChat account are not effective first-instance judgments, and the case should be subject to the final effective judgment."

According to the current law, there are four types of parking spaces in residential areas.

The concern caused by the online "garage dispute" reflects the problem of "chaotic ownership of parking spaces" in reality to some extent. How to distinguish parking spaces in residential areas?

Li Chunling, general manager of Yin Cheng Property Service Co., Ltd., said that parking spaces with different property rights have different charges. According to the current laws and regulations, parking spaces in all urban communities can be roughly divided into four categories, that is, all owners have parking spaces, civil air defense parking spaces, developers have parking spaces, and owners have private parking spaces.

There are two situations in which all owners * * * own parking spaces: according to the Property Law, the parking spaces occupied by owners * * * for setting roads and transforming green spaces belong to owners * * *; There is a place in Nanjing where it is stipulated that "no less than 15% (at least 6 parking spaces) should be reserved for owners", which is also shared by all owners, and the parking fee income is a part of public income.

Civil air defense parking spaces are set up according to the civil air defense law, and neither developers nor owners have property rights.

In addition, the Property Law stipulates that the ownership of the parking spaces planned and built by developers in the building division can be "agreed by way of sale, bonus or lease", which is usually regarded as the property right of developers, and can be sold or leased.

The owner's private parking space refers to the property parking space purchased by the community owner from the developer, which is generally located in the underground garage. Car owners only need to pay the parking service fee when using private parking spaces.

Expert's suggestion: Half of the underground garage belongs to the owner.

Among the above four kinds of parking spaces, the ownership of underground garage is the most controversial, and the "garage dispute" of Xinghan Garden involved in the net post is also controversial. The reporter interviewed legal experts and learned that this is because there are still gaps in the existing laws and the ownership of underground land use rights is not clear.

Qiu Lufeng, a professor at Nanjing University Law School, was listed in the wrong post on the Internet. The reporter interviewed Professor Qiu Lufeng and learned that the statement in the net post was her opinion many years ago when the Property Law had not been promulgated, not in a recent interview. After the promulgation of the Property Law and related judicial interpretations, it seems that the views of that year have obviously changed.

Qiu Lufeng told reporters that she believes that the provisions of the Property Law on the ownership of parking spaces are still not perfect. With the emergence of "sky-high parking spaces" in recent years, the law should further adjust and clarify the ownership of parking spaces in residential areas.

"The first paragraph of Article 74 of the Property Law stipulates that' the parking spaces and garages planned for parking cars should first meet the needs of the owners within the building division', which is too vague. It should be clear what proportion of parking spaces are owned by the owners. "Qiu Lufeng said that the law lacks clear provisions on this, and the ownership ratio of Nanjing 15% owners is too low. She believes that the reasonable way is to take half of all planned parking spaces as owners, and the parking spaces will be built by developers, but the costs can be shared by the owners, so as to balance the internal relations of the community by increasing the proportion of owners' property rights and solve the problem of high-priced parking spaces. (Zhang Yuanyuan)

Source: Nanjing Daily (Editor: Shi Yi, Zhang Xin)

Report source:/N2/2016/0412/c360305-28123837.html.