Is there any property right to buy underground parking spaces in the community?

Buying underground parking spaces in residential areas generally has property rights. If the underground parking garage is not rebuilt by civil air defense projects and is not included in the pool area of residential areas, you can generally apply for the property right certificate. If the underground garage is built by the developer himself, he has the right to sell or rent it.

Classification of parking spaces in residential quarters

1, ground parking space

The above-ground parking spaces are generally open, and the property rights belong to all owners, which are owned by the owners and used free of charge. This kind of parking space mainly refers to the parking space formed by drawing parking spaces on the ground and standardizing parking. When the owner buys a house, he has the land use right of the community, which means that the land use right of the community belongs to all owners. Therefore, the developer or property has no right to dispose of the planned parking spaces on the land owned by the owner.

2. Underground parking spaces

If the area occupied by underground parking spaces is not included in the owner's pool area, then the property rights of these parking spaces belong to the developer. Developers can sell and rent parking spaces, but only the owners of this community. However, the premise of the establishment of this property right is to be reflected in the purchase contract, and that this part is not included in the pool. At this time, the property right can be owned by the developer. If you don't explain, it will automatically belong to all owners.

If it is an underground parking space included in the pool area, then the developer has no right to sell it, and the parking space property right belongs to all owners. This parking space, like other public facilities in the community, can be used by all owners. Just parking, there must be special management personnel, entrusted by the owners' committee to the property management company, leased to the owners for use, and the income will be included in the community maintenance fund after deducting the management expenses. This part of the expenses can not be used for other purposes, but can only be used for the maintenance of public facilities in the community.

3. Civil air defense parking spaces

The parking spaces occupied by general civil air defense projects belong to civil air defense projects, which belong to the scope of civil air defense projects and have their own particularity, so their property rights are vague and there is still a blank in law. At present, there are generally two standards in various places. One is managed by the developer, leased or sold to the owner, and the cost is paid to the civil air defense engineering department. Second, its property right belongs to the investor. Specifically, if the parking space is invested by the developer, the developer has the property right of the parking space and the ownership of management and income, but it needs to register with the civil air defense engineering department.

If it is a non-civil air defense underground parking space, we can simply understand it as a basement or a private garage. According to the accounting method of the housing management department, the total construction area of the basement and semi-basement with a height of more than 2.2 meters is calculated, and the owner can obtain the ownership separately when purchasing. If the floor height is less than 2.2 meters, property rights cannot be handled.