Legal analysis: Buying a parking space has become a headache for many car owners. It is not only expensive, but also difficult to find a lot of money. Because the residential area is limited and the parking space is limited, many developers buy and sell unreasonably. Many owners do not understand the relevant laws and regulations, and disputes and confusion often occur when purchasing parking spaces. The following are five points for attention for consumers to refer to when purchasing parking spaces: 1. Let's see if we can get a property right certificate. Insiders pointed out that the only criterion for measuring whether parking spaces and garages can be sold is whether they can apply for real estate licenses. If the purchased parking space and garage can't handle the property right certificate, it means that the parking space and garage can't be sold. 2. The term of renting parking spaces is 20 years. Leased parking spaces and garages are only valid for 20 years. According to Article 2 14 of the Contract Law: "The lease term shall not exceed 20 years. For more than 20 years, the excess is invalid. " 3. It is forbidden to sell civil air defense garages. According to the current laws and regulations on residential planning, the site used by the community, the parking spaces and garages included in the pool area belong to all owners of the community, and the supporting facilities such as civil air defense projects are also prohibited from being sold, and developers or property companies have no right to sell them. 4. You can't use the provident fund loan to buy a parking space. You can't use provident fund loans to buy parking spaces and garages. The relevant staff of the bank explained that according to the national Regulations on the Management of Housing Provident Fund, housing provident fund is a long-term housing deposit paid by units and employees, which is applicable to employees' purchase, construction, renovation, overhaul and decoration (new construction) of self-occupied housing, and no unit or individual may use it for other purposes. Therefore, under the current laws and regulations, provident fund loans cannot be used to buy things other than self-housing, and of course they cannot be used to buy garages. Fifth, the relevant rules of parking spaces should be written into the contract. Insiders pointed out that in order to avoid unnecessary disputes, buyers had better write parking details into the contract. If the buyer signs a pre-sale contract and the parking space is purchased together with the house, the buyer and the developer shall clearly agree on the parking space scope, parking space number, pre-sale area, pre-sale price and other contents. In the supplementary terms of the pre-sale contract, and it is best to have a plan. If the buyer buys a house before buying a parking space, he can sign a contract with the developer separately, and write down the above details, and the contract will be filed separately.
Legal basis: People's Republic of China (PRC) Property Law.
Article 42 Land owned by collectives, houses of units and individuals and other immovable property may be expropriated for the needs of public interests in accordance with the authority and procedures prescribed by law. Expropriation of collectively owned land shall pay land compensation fees, resettlement subsidies, ground attachments and young crops compensation fees in full according to law, arrange social security fees for land-expropriated farmers, ensure the livelihood of land-expropriated farmers and safeguard their legitimate rights and interests. The expropriation of houses and other immovable property of units and individuals shall be compensated for demolition according to law, and the legitimate rights and interests of the expropriated person shall be safeguarded; Expropriation of individual houses should also guarantee the living conditions of the expropriated person. No unit or individual may embezzle, misappropriate, privately divide, withhold or default in collecting compensation fees.
Article 47 The land in a city belongs to the state. Land in rural and suburban areas owned by the state according to the law belongs to the state.