Is there a fixed number of years for parking space property rights? How to divide the property rights of residential parking spaces?

Is there a fixed number of years for parking space property rights? As a property law, the property right of parking spaces is indefinite, but so is the land use right certificate of parking spaces, which is as long as the land use right certificate of parking spaces. Therefore, it is necessary to query the developer's "Land Use Right Certificate" to determine the service life of the land resources obtained by the developer. However, according to the Property Law, the land for housing application will be automatically renewed after the expiration, so there is no need to worry about the use period of parking spaces.

However, the transaction of parking spaces without property rights is actually a personal leasing behavior. This kind of sale and purchase agreement is essentially a parking space lease agreement, but according to Article 2 14 of the Contract Law: "The lease term cannot exceed 20 years. It has been more than 20 years, and some of them have failed. " That is, customers can only rent parking spaces (garages) for 20 years at most, and then they have no legal effect. The most important factor for the owner to consider when signing the contract is to understand the "time limit".

What should I do if the parking space property right expires? How to solve the expiration of parking space property rights has not been clearly defined. Now the way to deal with the expiration of parking space property rights is also determined according to the houses and buildings on the land. When the property right of the house parking space expires, it can continue to be used normally with the house after the property right expires and the lease renewal is successful. Civil air defense engineering parking spaces without property rights application standards, free of charge to recover.

The term of property parking spaces is generally 40 to 70 years, but developers generally sell them for 40 years. According to the term standard of property right year, it is also valid to sell for 40 years. The underground parking space in the house can continue to be used normally with the house after the property right expires.

How to divide the property rights of residential parking spaces? 1, road parking space

Ground parking spaces are common, and many streets will have such parking spaces. The parking spaces on the road are basically open, and the property rights of parking spaces belong to the overall owners, and they are free to try together with the owners. Parking spaces on roads are regulated by drawing parking spaces on the ground. When the owner buys the property, he has the right to use the land in the community, so the right to use the land in the community belongs to the owner, so the parking space on the road belongs to the owner, and the developer or property management has no right to deal with it.

2. Underground parking spaces

Underground parking spaces can be divided into two types, one is not included in the pool area of the owner's house, and the property right of such parking spaces belongs to each developer, who can sell and rent parking spaces, but it can be applied to the owners of this community. However, the property right of this underground parking space needs to be reflected in the purchase contract and explained. If it is not specified, it will automatically belong to the whole owner.

There are also parking spaces recorded in the pool area of houses, which belong to all owners and developers have no right to sell. This kind of underground parking space must be managed by the property management company and leased to the owners, and the income will be transferred to the housing maintenance fund of residential quarters after deducting labor costs.

3. Civil air defense parking spaces

In addition to road parking spaces and underground parking spaces, there is also a parking space belonging to civil air defense. The total area occupied by civil air defense parking spaces belongs to civil air defense equipment and belongs to the category of civil air defense engineering. It has its uniqueness and abstract property rights, and it is still a vacancy in law. Most civil air defense parking spaces are managed by developers, leased or sold to owners for application, and the expenses are turned over to the civil air defense engineering department. The property rights of other civil air defense parking spaces belong to investors.

What problems should I pay attention to when buying a parking space? 1. Determine the parking space type.

When buying a parking space, the buyer must consider the property right of the parking space and the type of parking space. Both the purchase of parking spaces and civil air defense parking spaces that can only be rented should be established in the contract. Never listen to the verbal promise of the developer to "grant property rights" in case of being cheated. Buyers can also see from the parking space contract that the property parking space contract is generally a parking space sales contract, while the civil air defense parking space contract is generally a lease contract, and the service life of the parking space is indicated, generally not exceeding 20 years.

2. Buy parking spaces and garages and don't make provident fund loans.

If property buyers need to buy parking spaces, it should be noted that provident fund loans are not allowed to buy parking spaces. Since the provident fund is a resident deposit, it is mainly used for purchasing, building, dismantling, repairing and decorating (newly added) self-occupied housing, and units or individuals cannot lend. Therefore, for owners who want to buy parking spaces with provident fund loans, provident fund cannot be used to pay for parking garages.