Is it legal to rent civil air defense parking spaces in residential properties?

Rental of underground parking spaces in residential areas is not necessarily legal. The parking space owned by the developer has the title certificate, which can be rented by the developer, and the owner can obtain the right to use the parking space separately. However, the parking spaces that belong to the national compulsory supporting civil air defense projects and the parking spaces that belong to the shared area of all owners are not allowed to be rented without property certificates.

Does the developer of civil air defense parking space have the right to sell the right to use it?

It can be sold, but it is the right to use, not the property right. For example, the property parking space sells for 65,438+10,000 yuan, and the civil air defense parking space buys for 70,000 to 80,000 yuan, which will take 50 to 60 years, the same as the life of the building. The National Defense Air Law of People's Republic of China (PRC) does not clearly stipulate that the right to use facilities as civil air defense projects is prohibited from trading, nor does it stipulate that civil air defense projects belong to national defense assets. Laws and administrative regulations do not prohibit the sale of parking spaces for civil air defense projects. According to the legal principle that the law does not expressly stipulate that it is not illegal, civil air defense parking spaces can be sold.

To sum up, the civil air defense parking space property has no right to rent. Civil air defense parking space is an underground parking space with defensive nature. The right to use is given to the local civil air defense office and authorized to some construction units. In wartime, civil air defense parking spaces are levied and used by the state.

Legal basis:

civil law

Article 275

In the building division, the ownership of planned parking spaces and garages shall be agreed 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.

Article 276

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

Article 344

The owner of the right to use the construction land has the right to possess, use and benefit the land owned by the state according to law, and has the right to build buildings, structures and ancillary facilities on the land.