Property management only sells underground parking spaces, not for rent. Is this reasonable? Ask the legal profession for help, thank you.

Complaints to the property management department. The new regulation of Property Law points out that the garage and parking space in the community should be given priority to the owners of the community, and they should not "rent or sell". Those who violate the regulations and fail to make corrections within the time limit may be fined up to100,000 yuan. When there is a consumer rights dispute with the operator, and it is within the responsibility of the market supervision department, you can complain through the platform. For civil air defense parking spaces, it can be reflected to the local civil air defense department, which is also the main acceptance department of civil air defense parking spaces.

Legal analysis

According to the relevant laws and regulations, the planning of parking spaces and garages for parking cars should first meet the needs of owners within the building division. 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. According to the relevant regulations, the roads within the building division are owned by the owners, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner. Matters needing attention in the sales of supporting parking spaces for commercial housing are as follows. Refer to the Notice of the State Bureau of Land and Housing on Regulating the Sales of Supporting Parking Spaces for Commercial Housing: Parking space property units have the right to dispose of parking spaces, and supporting parking spaces in residential areas can be rented or sold. After obtaining legal sales procedures, real estate development enterprises can choose to rent or sell parking spaces in residential areas independently according to their own operating conditions, and the rental or sale of parking spaces is decided by the enterprises themselves. Parking space sales must first meet the needs of owners. If the owner gives up the purchase within the specified time, the extra parking spaces can be sold to other owners. Real estate enterprises should obtain the pre-sale permit of parking spaces before they can carry out the pre-sale of parking spaces; Real estate enterprises should handle the initial registration of parking space property rights, and now they can sell parking spaces. When purchasing a parking space for ownership registration, in addition to the required documents, if it belongs to the purchase of a parking space, it shall also submit the buyer's explanation on the purchase of the parking space (except the pre-sale contract); For the purchase of two parking spaces, in addition to the buyer's explanation on the purchase of parking spaces, it shall also submit the explanation and commitment of the real estate development enterprise on the sale of parking spaces.

legal ground

Article 274 of the Civil Code of People's Republic of China (PRC) Road belongs to the owner, except for urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.