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Can the property keep the owner's car outside the community?
People's Republic of China (PRC) Civil Code
Article 275 The ownership of the parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned 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.
Article 276 Within the parking spaces and garages of main-purpose buildings, the planning of parking spaces and garages for parking cars should first meet the needs of the owners.
Who does the underground parking space in the community belong to?
1. The developer takes the construction area of the underground garage into account when calculating the pool area. This is to meet the residential needs of community owners and provide them with parking spaces. Belonging to public facilities, property rights should belong to all owners.
The developer promised to provide the underground garage free of charge when selling the house. The developer delivers the house to the underground garage for use at the same time, and the property rights also belong to all owners.
3. The developer will include the cost of building underground garage in the cost of residential development. The construction cost of rebuilding underground garage by civil air defense project has been included in the sales cost accounting of real estate developers, and the property right of underground garage should belong to all owners.
4. If the real estate developer can provide sufficient evidence to prove that the underground garage of the residential area it develops and builds does not belong to the three situations listed above, then the property right shall be owned by the developer and can be sold separately.
Is it legal to buy and sell parking spaces in residential areas?
Handle it according to the situation. First, the parking space has been included in the pool area of the owner's house purchase in the planning, and the owner paid the corresponding pool money when buying the house, so the parking space as a * * * building should be owned by the owner, and the real estate company has no right to sell it. Two, the garage in the planning is not included in the pool area of the owner's purchase, and all the funds for the construction of the garage are paid by the real estate company. After completion, it will not be transferred to the owner in any form, so the ownership of the garage belongs to the real estate company, which has the right to sell it.
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