Ownership of residential civil air defense parking spaces: developers or owners?

The ownership of the civil air defense parking space in the community belongs to the developer, because according to the relevant provisions of the Property Law, the civil air defense parking space is invested and built by the developer and belongs to the ancillary facilities of the community, and the developer enjoys the right to use it. Civil air defense parking spaces are independent in structure and use, and belong to the exclusive part of developers, not to the owners.

Civil air defense parking spaces are not included in the housing pool and do not belong to the owners. Judging whether there are temporary entrances and exits, protective passages and closed passages in civil air defense parking spaces can be seen from the architectural model. From the protection function, is there a protective explosion-proof unit to protect the sealed door, wave valve and sealed door? See if the structure is designed to resist load shock waves. The thickness of the top surface, bottom plate and side wall of the basement is higher than that of civil buildings, and generally the building is fully buried. Some civil air defense basements have openings, and the doors are all heavy protective doors and closed protective doors. It is easy to see that the parking space inside is a civil air defense parking space. If the basement is divided into areas for the construction of civil air defense basement, it is generally required to concentrate the community, and all parking spaces are surrounded by protective doors, which must be civil air defense parking spaces.

Which parking spaces can't be bought or sold?

1, the public space of the community

Open space in the community, sometimes even green space, developers or property companies draw a clear line to collect money. Some are sold to owners at a fixed price, and some are rented by the month. It is reported that because the land use right of the community belongs to all owners, developers have no right to sell open above-ground parking spaces. This kind of parking space can be authorized by the owners' congress to entrust the property to the owners, and after deducting the necessary expenses, it will be included in the community maintenance fund.

2. There is no agreed underground parking space.

The construction area of underground parking spaces is not shared. If the developer obtains the property right of the garage alone, the developer can sell the property right to the purchaser, but the underground garage can only be pre-sold to the pre-buyers of commercial housing in the community. It seems natural for developers to sell such parking spaces, but it is not. In the housing sales contract, the developer must declare that the property right of the underground parking space in the community is transferred separately and will not be sold with the house. If there is no similar written explanation, the underground parking space should also be owned by the owner, and the proceeds should also be owned by the owner.

This part of the income can be collected by the property management company entrusted by the community industry Committee, and the income will be included in the community maintenance fund after deducting the necessary management expenses.

3. Shared underground parking spaces.

Many developers are selling underground parking spaces while selling houses, but many owners don't know whether the sale of underground parking spaces is legal. If the underground parking lot has been shared by the community owners as a pool area, then the developer has no right to sell it. In other words, when selling a house, the area of the underground parking space has been allocated to each owner, and the money is collected in proportion, and then the underground parking space is sold to the owner, which is repeated collection of money.

Article 37 of the People's Republic of China (PRC) Urban Real Estate Management Law stipulates: "Those who have not registered and obtained the ownership certificate according to law shall not be transferred." Therefore, if the property right cannot be handled, the parking space sales contract is not protected by law, and the owner only buys a blank sheet of paper.

This kind of underground parking space can't do the property right certificate, which belongs to all the owners of the community. Strictly speaking, it belongs to the supporting facilities of the community. It can be rented to the owners by the community industry Committee, and the rental income will be included in the community maintenance fund after deducting the necessary management expenses.

4. Civil air defense projects are prohibited from being sold by developers.

Can all the underground areas that are not shared be sold? Of course not. Some underground parking spaces belong to civil air defense projects, which are compulsory by the state and prohibited from being sold by developers.

According to Article 5 of People's Republic of China (PRC) Civil Air Defense Law: "Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors." The developer's investment has been automatically transferred to all owners with the transfer of land use rights, so the proceeds from the garage reconstruction of civil air defense projects belong to all owners.