How to confirm whether the parking space has independent property rights?

Generally speaking, there are three ways to identify the property rights of residential parking spaces.

1. When selling residential houses, the parking lot is not allocated according to the public building area, and the ownership of the parking lot (commonly known as property right) should be owned by the developer. The developer has the right to transfer the right to use the parking space to the owner. At this time, the contract signed by the developer and the owner is legal and valid and should be protected by law.

2. When the developer sells residential houses, the underground parking lot has been allocated to all residential owners according to the public construction area. Legally speaking, the property right of the parking lot should belong to all owners, and the developer has no right to sign an agreement with individual owners to transfer the right to use the parking lot, and the signed agreement should also be invalid.

Residential owners need to purchase the right to use the parking space, and should sign an agreement on the transfer of the right to use the parking space with the residential owners' committee or the property management entrusted by the owners' committee. In this case, only all the owners have the right to decide the right to use the parking spaces in the underground parking lot.

3. The underground parking lot was rebuilt by the civil air defense project. Although the area is not allocated to all owners, developers have no right. Article 52 of the Property Law stipulates that national defense assets belong to the state. Article 9 of the Rules for Calculation of Commercial Housing Sales Area and Allocation of Public Building Area stipulates that the basement as a civil air defense project is not included in the public building area.

As can be seen from the above provisions, the civil air defense parking space is exercised by the civil air defense management department on behalf of the state. This kind of parking space cannot apply for real estate license, and the ownership does not belong to the developer or all the owners.

Extended data

The second paragraph of Article 74 of the Property Law stipulates that "the ownership of parking spaces planned for parking cars within a building division shall be agreed upon by the parties through buying, selling, giving or leasing", and the development and construction of parking spaces and garages in residential areas shall be approved by the engineering construction department and the project planning permission procedures shall be obtained. Parking spaces built with the approval procedures of project planning permission can be called planned parking spaces and garages. The ownership of planned parking spaces and garages shall be determined in accordance with the agreement without occupying roads or other venues owned by the owners.

In other words, the parking spaces planned and built in the building division belong to the developers and can be sold; The newly-added parking spaces outside the parking spaces planned for parking cars in the building division occupy public land and belong to the owners of the community.

But the above provisions are not clear. Who should own the parking spaces that exceed the planning of construction area but do not occupy roads or other venues set by the owners? According to the general understanding and the proper meaning of the above-mentioned legal provisions, it is not shared by all owners, but should be specifically determined according to the nature and ownership of the parking space.

Baidu Encyclopedia-People's Republic of China (PRC) Property Law