Is it legal to transfer the right to use underground parking spaces in residential areas?

First, in this case, whether the transfer of the right to use can be protected is not clearly stipulated by the law, and the court may recognize it, but there is no guarantee that it will be recognized by the court. Because in our country, except the land use right can be transferred in this way and registered by the relevant departments, the transfer of other ownership is carried out in the form of lease.

Second, if your contract is recognized as a lease contract, and you know that it obviously exceeds the lease term, then the term after 20 years will not be protected. Third, because there is no property right, there is only a contract. If the developer signs such a transfer contract with a third party, the dispute will be entangled.

Your personal opinion is correct. Even if it is leased, it can be sublet. Of course, you should continue to undertake the obligations in the contract you signed with the developer.

To sum up, you should realize the following problems:

1. This parking space is state-owned and can be requisitioned unconditionally at any time;

2. If the builder of this parking space is a developer, then the developer has the right to use it to obtain benefits;

3. The transfer of the right to use the parking space is likely to be considered as a disguised lease, and the lease period after 20 years is invalid; Fourth, if unscrupulous developers sell parking spaces many times, it will bring you a lot of trouble.

Parking spaces have property rights. Except for * * * all or state-owned, they all have property rights certificates.

Extended data:

Article 74 of Chapter VI of the Property Law stipulates:

In the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

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.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

References:

Baidu Encyclopedia-People's Republic of China (PRC) Property Law