How many years is the right to use underground parking spaces?

Legal analysis: if the underground parking space is rented, its service life shall not exceed 20 years at the longest. The lessee and lessor can negotiate the specific lease term by themselves. If the lease term agreed by the parties exceeds 20 years, the excess part shall be invalid. And the longest renewal period does not exceed 20 years.

The general property right of underground parking spaces is 40 years. Developers still hold the property rights of underground parking spaces and make profits through buying and selling. Now many developers will indicate in the pre-sale contract of commercial housing that the property right of underground parking spaces belongs to the seller. Therefore, even if there is a view that there is land to have a house, the underground parking space is still within the scope of the owner's land use, so the property right should also be owned by the owner.

1, the general underground property right is 40 years. Underground parking space in residential quarters refers to the parking space built by developers using underground space.

2. It is precisely because of the increasing demand for land that modern buildings are increasingly developing into underground space, which leads to the emergence of underground parking spaces.

3. Now many developers will indicate that the property right of underground parking spaces belongs to the seller. Therefore, even if there is a view that there is land to have a house, the underground parking space is still within the scope of the owner's land use, so the property right should also be owned by the owner.

However, this situation is almost impossible to happen in real life. Developers still hold the property rights of underground parking spaces and make profits through buying and selling. Owners own their own parking spaces through buying and selling, without paying parking fees, but they still have to pay management fees such as vehicle storage fees to the property.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 703 A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and profit, and the lessee pays the rent.

Article 704 The contents of a lease contract generally include terms such as the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the lease item.

Article 705 The lease term shall not exceed 20 years. More than twenty years, the excess is invalid.

At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.

Article 707 Where the lease term is more than six months, it shall be in written form. If the parties fail to determine the lease term in writing, it shall be regarded as an indefinite lease.