Who owns the underground garage of the demolition and resettlement house?

The garage property right (property right including ownership) of the demolition resettlement house depends on who the owner is on the real estate license (whoever holds it will have the property right). Underground garages do have property rights in law, so there are two situations:

1. If the property right belongs to the developer or the property, then the sale or lease of the property is legal.

2. If the property right does not belong to the property, or it is in the ground public area (there is no property parking space in the ground public area), or it is the underground parking space of the civil air defense project, the property has no right to rent or even sell. The general property rights of parking spaces in the demolition community will not belong to the government, and the government will not involve this piece. Usually it belongs to all owners or developers (or properties), and the most important thing is to confirm the right, that is, who owns the garage.

At present, there are three types of ownership of underground parking spaces.

1. The owners share the construction cost, which belongs to all owners of the community, and the developers have no right to sell it, let alone transfer it.

2. If the developer builds independently, the developer has the right to sell.

3. It belongs to civil air defence works, and the income belongs to the owner of * * *.

The ownership of the library generally belongs to the owner of the house. However, ownership can also be agreed by the parties through sale, bonus, lease, etc. If the parties sell the underground garage by way of sale, the ownership of the garage belongs to the buyer; Donate the underground garage in the form of bonus, and the ownership of the garage belongs to the purchaser; If it is a lease, the right to use the underground garage belongs to the lessee and the ownership belongs to the lessor.

As for the ownership of planned parking spaces and garages belonging to civil air defense projects, neither the Property Law nor the Civil Air Defense Law clearly stipulates, and the implementation policies vary from place to place.

2. The ownership of planned parking spaces and garages belonging to non-civil air defense projects has a clear legal basis. Paragraph 2 of Article 74 of the Property Law stipulates: "The ownership of planned parking spaces and garages within a building division shall be agreed upon by the parties through sale, gift or lease." Therefore, the property rights of the planned parking spaces and garages in the building division belong to the developers. After obtaining the relevant planning permission and carrying out development and construction according to the planning permission, the real estate developer can obtain the property right according to the procedure and can sell, give away or rent it.

3. For parking spaces that occupy roads or sites owned by other owners, the third paragraph of Article 74 of the Property Law stipulates that "parking spaces that occupy roads or sites owned by other owners belong to all owners". Therefore, real estate developers have no right to sell or rent.

legal ground

Article 275 of the Civil Code of People's Republic of China (PRC)

Within the building division, the ownership of parking spaces and garages planned for parking cars 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.

"Property Management Regulations" Article 30 The construction unit shall allocate necessary property management premises in the property management area according to the regulations.