What are the legal provisions for charging underground parking spaces in residential areas?

The maximum charge for ground parking service in the residential property management area is 70 yuan per vehicle per month. Temporary social vehicles are free of charge for the first hour, and if they exceed 1 hour, they will be charged at 2 yuan/hour (if they are less than 1 hour, they will be charged at a maximum of 10 yuan every day (within 24 hours)).

2. The owners of ordinary residential quarters have the property right or the right to use the garage or the parking spaces in the garage, and charge the property service fees according to the property service fees of ordinary residential quarters.

3 residential and non-residential mixed residential areas, residential owners in accordance with the residential property service fee standards, non-residential owners to implement market-adjusted prices.

Two. Provisions on the Administration of Parking Spaces in Residential Areas

Property law:

Thirtieth due to legal construction, demolition and other factual acts to establish or eliminate property rights, from the date of realization of the factual act.

Article 39 The owner shall have the right to possess, use, profit from and dispose of his real estate or chattel according to law.

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

Ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties 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.

Three. Legal provisions of parking spaces for civil air defense projects in residential areas

1. The Property Law takes the view of "agreed ownership" on the ownership of underground parking spaces, that is, in the absence of clear provisions on the ownership of parking spaces and garages in the current laws, the parties are required to agree on the ownership of parking spaces and garages through contracts: "As long as the underground parking spaces are not civil air defense projects, as long as they are invested and built by developers, the construction costs are not included in the cost of residential commercial housing and other garages, and the area of underground parking spaces is not included in the pool.

2. Article 136 of the Property Law stipulates that "the right to use construction land can be established on the surface, underground or above ground", and finally establishes that construction land can be divided into different levels of right to use.

Article 74 of People's Republic of China (PRC) Property Law:

In the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

Ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties 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.

The second paragraph of Article 5 of People's Republic of China (PRC) Civil Air Defense Law stipulates:

The state encourages and supports enterprises, institutions, social organizations and individuals to invest in the construction of civil air defense projects through various channels; Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors.

In fact, the charging standard of parking fees is not stipulated by the national legal system, but there is an upper limit to the charging standard of parking fees. The parking fee shall be paid directly to the property management company of this community, and each property company may appropriately adjust the parking fee standard according to the actual situation of this community. However, the parking spaces in each community may be difficult to meet the actual needs of community owners.

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