Can I transfer the right to use the parking space?

Parking space use right transfer agreement can be bought. Details are as follows:

1, in this case, whether the transfer of the right to use can be protected is not clearly stipulated by the law, and the court may recognize it, but there is no guarantee that it will be recognized by the court;

Because there is no property right, there is only a contract. If the developer signs such a transfer contract with a third party, there will be disputes. Parking spaces have property rights. Except for * * * all or state-owned, they all have property rights certificates. The transfer of the right to use the parking space is likely to be considered as a disguised lease, and the lease period after 20 years is invalid.

What should I pay attention to when signing an agreement on the transfer of parking space use rights?

1 First of all, it is clear that the parking spaces in general residential areas are included in the pool area calculation, that is, they are not owned by any individual, but by all owners of residential areas. So it is impossible to apply for a property right certificate. The above-ground parking spaces and underground parking spaces in the community can only be leased and managed by the property company;

2. If it is a new parking space, directly sign a lease agreement with the property company. The term of a general lease contract is 10 to 20 years. The property management company has detailed style documents. Sign according to the process;

3. If it is transferred by other private parties, the buyer shall ask the transferor to provide the lease agreement it signed with the property management company at the beginning, and the buyer must properly keep the agreement and the newly signed agreement between the two parties. If possible, both parties shall go to the property management company for transfer registration;

4. The specific location of the parking space must be clearly written in the signed agreement, and the transferor must give proof of the right to use the parking space;

5. When signing the agreement, according to the relevant laws and regulations, the longest lease term cannot exceed 20 years, so when writing the agreement, the lease term of more than 20 years cannot be written. So when writing an agreement, don't write a term of more than 20 years. The right to use for more than 20 years is not protected by law and is invalid.

6. When signing an agreement between individuals, it is best to find a third-party witness or notary;

7. The specific content of the agreement can be included in the sample of the residential property company.

Legal basis: Article 274 of the Civil Code of People's Republic of China (PRC).

Roads within the building division belong to the owner, except those belonging to 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.

Article 275

In the building division, the ownership of planned parking spaces and garages shall be agreed 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.

Article 276

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

Article 277

Owners can set up owners' meetings and elect owners' committees. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.

The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

Article 278

The following matters shall be decided by the Owner * * *:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.