Who should own the parking spaces with soaring parking fees in Guangzhou?

"Difficult parking" has always been a typical representative of "big city disease" and has been criticized by car owners. Six months ago, the Guangdong Provincial Development and Reform Commission liberalized the pricing of residential and commercial parking fees. In just half a year, parking fees in several residential quarters in Guangzhou soared, causing dissatisfaction among owners.

Case:

A few days ago, the owner of a residential area in Baiyun District said that the parking fee had doubled in just one year. In the publicity column on the first floor after the year, the Notice on Adjusting the Parking Charge Standard of Xiangbai Square Community was posted. From March 1, the parking fee was increased from the previous 2.5 yuan/hour to 5 yuan/hour, and the maximum price of 12 hour was also increased from 7.5 yuan to 15 yuan, which doubled the price. When asked whether the staff had consulted the owners to raise the price, the staff said that the price had been raised in accordance with the relevant provisions of the Notice on Liberating the Charges for Parking and Custody Services in Residential Areas, Commercial Facilities and Open-air Parking Lots. Without this regulation, they dare not raise prices indiscriminately.

Before the Spring Festival, the Guangzhou Municipal Development and Reform Commission reiterated in the price warning letter that if the price of parking lots in residential quarters is to be raised, more than half of the owners and more than half of the construction area must agree to these two conditions. However, after the holiday, some residential parking lots are planning to raise prices. However, the Guangzhou Municipal Development and Reform Commission neither admitted nor denied the implementation details of media reports, only that the implementation measures were still under study. It has been more than half a year since Guangdong province released the government's price limit for parking fees in residential parking lots, and the implementation rules have not been promulgated yet, so the owners have to "bargain" each other. In the above case, the community workers said they were unaware of the "two and a half" policy.

Ownership of various parking spaces in residential quarters is as follows:

1. Underground property parking spaces in residential areas refer to parking spaces that meet the conditions of project establishment and planning, have gone through land transfer procedures and can apply for ownership certificates. The Property Law stipulates that the ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties through sale, gift or lease. This part of the parking space conforms to the exclusive provisions required by the Property Law and belongs to the construction unit or purchaser of the parking space. After signing a contract with the developer to purchase the parking space and completing the registration formalities of ownership transfer, the community property owner can become the exclusive owner of the parking space.

2. Underground civil air defense parking spaces in residential areas belong to parking spaces built by civil air defense projects in residential areas and used for parking in non-wartime. National defense assets belong to the state, and the basement as a civil air defense project is not included in the public building area. As can be seen from the above provisions, civil air defense parking spaces are exercised by the civil air defense management department on behalf of the state, and such parking spaces cannot apply for real estate licenses, and the ownership does not belong to developers or all owners.

3. The above-ground parking space in the community is built in the above-ground space of the community, which is a parking space set up to meet the needs of temporary parking of vehicles. There are two kinds of parking spaces on the ground, one is the parking space planned and built in the residential building division, and the other is the parking space newly added by the unplanned developer. "Property Law" stipulates: "Parking spaces that occupy roads or other venues owned by the owners for parking cars shall be owned by the owners." In addition to the parking spaces planned for parking cars, the parking spaces added by the owners' roads or other venues within the building division shall be recognized as the parking spaces mentioned in the third paragraph of Article 74 of the Property Law. Therefore, the parking spaces planned and built in the building division belong to the developers; The newly-added parking spaces outside the parking spaces planned for parking cars in the building division occupy public land and belong to the owners of the community.

(The above answers were published on 20 16-03-0 1. Please refer to the actual situation for the current purchase policy. )

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