Is it legal to buy and sell parking spaces in residential areas?

In the building division, the ownership of the parking spaces and garages planned for parking cars shall be agreed by the parties through buying, selling, giving or leasing, and the buying and selling shall be legal. If the parking space or garage for parking cars is not planned, it belongs to the owner and the real estate company has no right to sell it. There are generally three kinds of parking spaces in residential areas: property parking spaces, civil air defense parking spaces and non-property parking spaces. The first is the simplest, who owns the property right. The second type is the most common. The property right belongs to the government, but the developer can manage it (the law stipulates who invests and manages it, but whether it is the developer's investment or the owner's investment is controversial). To judge whether the real estate company's behavior of selling the garage is legal, we should distinguish between the two situations and treat them differently. One case is to sell the planned garage. If the garage sold by the real estate company belongs to the garage planned for parking cars in the building division, and both parties clearly agree that the garage can be sold in the house sales contract, then it is legal for the real estate company to sell the garage. If there is no agreement or unclear agreement between the two parties on the sale of the garage, it can be handled in two ways: First, the garage has been included in the pool area of the owner's house purchase in the planning, and the owner has paid the corresponding pool when buying the house, so the garage 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. Another situation is the sale of parking spaces and garages for unplanned parking. Such parking spaces and garages should be used by the owners themselves, and real estate companies have no right to sell them to the outside world.

Legal basis:

Article 274 of the Civil Code of People's Republic of China (PRC) Road belongs to the owner, except for 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.

Derivative problem:

What is the processing flow of parking space title certificate?

To handle the parking space property certificate, the developer must first complete the initial registration, then go to the local taxation bureau and the bank to pay the relevant taxes and fees, submit the materials to the real estate registration center, and finally bring the tax payment certificate, parking space invoice, parking space contract, ID card, household registration book, marriage certificate and parking space mapping page. I went to the real estate registration center where the community is located and got the parking space property certificate.