Is the underground parking space of Zhangpu Sheng Xiang Garden public?

Not necessarily. Underground parking spaces in residential areas are not necessarily public parking spaces. There are three common parking spaces in residential areas: public parking spaces, property parking spaces and civil air defense parking spaces.

1, public * * * parking spaces, public * * * parking spaces refer to parking spaces occupying public * * * roads, green spaces and other places in the community, which belong to the owner * * *, so the reconstructed parking spaces also belong to the owner * * *.

2. Property parking spaces refer to parking spaces and garages planned for parking cars. The biggest feature of property parking spaces is that they can apply for real estate licenses (similar to real estate licenses), while "public parking spaces" and civil air defense parking spaces cannot apply for real estate licenses. The ownership of property parking spaces depends on the negotiation results between developers and owners. If the developer sells or gives a parking space to the owner, the ownership of the parking space will be owned by the owner.

3. Civil air defense parking spaces refer to civil air defense projects built in residential areas to meet urban civil air defense projects, which can be forcibly requisitioned by the state in wartime. However, in order to avoid waste of resources in non-wartime, it is generally converted into adult civil air defense parking spaces. As for the ownership of civil air defense parking spaces, there is no clear stipulation in our country's laws at present, but generally speaking, civil air defense parking spaces are managed by developers.

There are many kinds of parking spaces, such as above-ground, underground and civil air defense projects, with different nature and ownership. Therefore, if the community owners need to purchase the right to use the parking space, they should sign an agreement on the transfer of the right to use the parking space with the community owners' committee or the property management company authorized by the owners' committee.

Legal basis:

People's Republic of China (PRC) property right law

Article 74

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

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.

property management regulations

Article 54

The use of property * * * with parts, * * with facilities and equipment for business, shall obtain the consent of the relevant owners, owners' congress, property services companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.