Who owns the parking space in the community?

At present, there are four forms of parking spaces in commercial housing residential quarters in China:

The first is the ground parking space in residential quarters;

Second, underground parking spaces in residential areas;

The third is the overhead parking space on the first floor of the building;

The fourth is the parking space on the roof platform of the building.

II. Ownership of all kinds of parking spaces in residential areas is as follows:

1, residential ground parking space

Ground parking space refers to the parking facilities directly set on the surface of residential areas and marked with lines and divisions. It can be divided into planned ground parking spaces and parking spaces occupying the owner's roads or other * * * venues.

(1) Plan ground parking spaces.

This kind of parking space refers to the parking space set by the residential developer within the red line of the residential area with the approval of the planning department, which is reflected in the construction drawing and completion drawing.

Article 74 of the Property Law stipulates that "the 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".

The first paragraph of Article 75 of the Property Management Regulations stipulates that the parking spaces and garages planned for parking motor vehicles in the property management area should first meet the needs of the owners by selling, giving away or renting.

(two) occupy the road or other places owned by the owner to park the vehicle.

Article 73 of the Property Law stipulates that "roads within a building division belong to the owner, 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 belong to the owner.

The third paragraph of Article 74 clearly stipulates that "the parking spaces that occupy roads or other places owned by the owner for parking cars shall be owned by the owner." . As for the ownership of this kind of ground parking space, the law clearly stipulates that it belongs to all owners, so there is no dispute about its ownership. But in practice, the main reason that easily leads to owners' dissatisfaction is that property companies often charge parking fees for these parking spaces.

There is a legal basis for property companies to collect parking fees. The second paragraph of Article 75 of the Property Management Regulations stipulates that if the owners occupy roads and sites within the property management area to park motor vehicles, the owners' general meeting shall decide whether to charge the site occupation fee, the charging standard and the use.

If the owners' congress decides to collect the motor vehicle site occupation fee, the site occupation fee belongs to all owners, and the owners' committee may entrust the property service enterprise to collect it on their behalf. Of course, the parking fee charged by the property management company will be included in the account of the community owner after deducting a part of the parking management property fee, and the extraction ratio of the parking management property fee is generally determined by the property management company and the community owners' Committee through consultation.

2. Civil air defense underground parking spaces

Civil air defense underground parking space refers to the parking space combined with civil air defense engineering construction, which is an integral part of civil air defense engineering.

There are disputes about the ownership of underground parking spaces for civil air defense, and the mainstream views are divided into two categories: one is that civil air defense projects are part of national defense projects, and the ownership belongs to the state, and developers have no right to dispose of them; Another view is that civil air defense projects should be owned by developers because of their investment and construction, but the state can requisition them unconditionally in wartime.

In practice, local governments have different attitudes towards the ownership of underground parking spaces for civil air defense.

3. Non-civil air defense underground parking spaces

The Regulations on the Management of Urban Underground Space Development and Utilization has different provisions on the ownership of such parking spaces from the Property Law. Article 25 of the Regulations stipulates that "underground projects shall be allowed to be transferred or leased by the construction unit according to the principle of' who invests, who owns, who benefits and who disposes'".

4. Independent parking space (garage)

This kind of parking space is independent. It is a parking space invested and built on the land that the developer has independent right to use. You can handle the initial registration and transfer registration of property rights according to law. After the initial registration, its ownership is clearly enjoyed by the developer, and after it is sold to a specific owner for transfer registration, the property right belongs to the specific owner.

This kind of parking space is the most "regular" parking space, which can basically be regarded as a house. The transfer agreement must be filed with the government department before the real estate registration ownership certificate can be processed. However, due to the high investment cost, developers are reluctant to invest in the construction of such parking spaces, and there are not many such parking spaces in practice.

In addition to the above four types of parking spaces, mechanical parking spaces are also common at present, but mechanical parking spaces can belong to the above three types of parking spaces according to their layout.

From the above analysis, it can also be seen that except for ground parking spaces and independently built parking spaces (garages), the existing laws and regulations have no specific provisions on the ownership of the other two types of underground parking spaces, and in practice, they are also in the blind area of government supervision, and the clarity of their ownership needs to be improved by laws and regulations.