Who should own the property right of the underground garage? What is the standard of judgment?

In recent years, we have learned from various news media or friends around us that there are contradictions among developers, property owners and owners about the property rights of underground garages in residential quarters. The fundamental reason is that the laws and regulations related to the property rights of underground garages are not clear, and the owners of underground garages lack clear judgment.

The so-called underground parking space in residential quarters refers to the parking space built by developers using underground space. In today's society, under the competition of market economy, the demand for land is expanding day by day, and many developers have to develop above-ground and underground spaces.

When judging who owns the property rights of underground garages, we must first make clear several standards:

1. Is there a stipulation in the contract?

Whether the property right of the underground garage is stipulated in the commercial housing sales contract, if there is an agreement, it shall be judged according to the following criteria;

2. Is it included in the pool area?

If the underground garage has been included in the owner's pool area, then the area of the underground garage has been included in the construction area of the commercial house when the community owner buys the commercial house. At this point, the property right of the underground garage should belong to all owners. If the underground garage is not included in the pool area, the property right of the garage belongs to the developer.

3, whether it is a civil air defense engineering garage.

According to the civil air defense law, civil air defense projects can be used for both military and civilian purposes. Civil air defense projects can serve economic construction and people's lives in peacetime, and they are used by the state in wartime. At the same time, it stipulates the principle that whoever invests will benefit. At this time, if the underground garage is transformed into the garage of the human trafficking project, in peacetime, the developer has the right to use and benefit from the garage he invested.

Who owns the property of the underground garage?

1. Under the current legal system of real estate management in China, the floor area ratio of underground parking spaces in residential quarters is generally not calculated. For developers, the plot ratio determines the proportion of land price cost in housing, while for residents, the plot ratio is directly related to the comfort of living. ), that is, the parking space has not obtained the corresponding share of land use rights.

2. That is to say, the land use right area of this community is completely shared by the above-ground buildings (that is, housing units), and the underground buildings become the part that does not share the land use right area. According to the theory of property law, the building whose plot ratio is calculated is the main object, and the building whose plot ratio is not calculated is the subordinate object. At this time, the underground parking lot has become a subordinate of the above-ground building and belongs to the owner (the above-ground building), that is, all the owners.

3. Therefore, the property right of underground parking spaces in residential quarters is actually an incomplete property right attached to the possession, use and income of housing units. At the time of initial registration, the underground parking space in residential quarters cannot obtain independent real estate rights according to law, and its legal rights are attached to the building whose floor area ratio is calculated. In other words, the property rights of underground parking spaces in residential areas should be enjoyed by the owners of the residential areas, and developers or property companies have no right to dispose of them without authorization. Of course, with the consent of the owners' meeting, developers or property management companies can rent parking spaces according to the authorization of the owners' meeting, and the rental income belongs to all owners to make up for the property management expenses.

4. At the same time, the user of the parking space must pay the custody fee to the property company that provides custody service. However, from a national perspective, there are also some places that stipulate that the construction area of some underground parking spaces is calculated as the building floor area ratio, that is, the underground parking spaces are built according to the planned use specified in the construction land planning permit and should be included in the construction area of the whole plot like the above-ground buildings.

So this kind of parking space can have independent property rights. The house ownership certificate can be issued separately or combined with the purchased commercial house to issue the house ownership certificate. The developer of this underground parking space has the right to sell or rent it. Although the owners who own property rights through the sale do not have to pay parking fees, they should still pay property management fees or vehicle care fees on schedule.