Do residential properties have the right to charge parking fees?

1. Is the residential property entitled to charge parking fees?

1. Whether the residential property has the right to charge parking fees depends on the situation:

(1) If the parking fee charged by the property is a storage fee, there is no contradiction between the owner's ownership and the storage fee charged by the property, and the residential property can charge parking fees;

(2) If the parking fee in residential area is land use fee, the charging subject is the owner. Car owners can collect land use fees because vehicles occupy land.

2. Legal basis: Article 35 of the Regulations on Property Management.

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 36

When undertaking the property, the realty service enterprise shall go through the formalities of property acceptance with the owners' committee.

The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise.

Article 274 of the Civil Code of People's Republic of China (PRC)

Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

2. Do the traffic police have to pay parking fees when detaining cars?

The traffic police do not need to pay parking fees when detaining cars, and the parking fees are borne by the public security organs. The administrative organ may entrust a third party to keep the sealed place, facility or property, and the third party may not damage it or transfer or dispose of it without authorization. If losses are caused by a third party, the administrative organ shall have the right to recover from the third party after paying in advance. According to the relevant laws and regulations, the administrative organ shall properly keep the places, facilities or property that have been sealed up or detained, and shall not use or damage them; If losses are caused, it shall be liable for compensation. The administrative organ may entrust a third party to keep the sealed place, facility or property, and the third party may not damage it or transfer or dispose of it without authorization. If losses are caused by a third party, the administrative organ shall have the right to recover from the third party after paying in advance. The storage expenses arising from the seizure and detention shall be borne by the administrative organ. The vehicle storage fee, that is, the parking fee, should be borne by the traffic police department.