Ownership of garage parking spaces in commercial and residential communities

1. If the underground garage is allocated to the owner according to the pool, the ownership shall belong to the owner. In this case, the developer can't sign the transfer of parking space use right with individual owners;

2. The parking space occupied by the roadside is owned by the owner. General developers will designate some roads or green spaces as parking spaces in * * * during the construction process, and this department should also belong to the owner. If the resulting income needs to be negotiated between the owner and the property;

3. Only the underground garage that is not shared is owned by the developer, and the developer has the right to sell this kind of parking space to the owner, and the sales contract signed is legal and valid.

Who owns the parking space in the community needs to be handled according to the actual situation. The parking space of an operating parking lot with an independent property right certificate approved by the relevant administrative department has clear property rights and is enjoyed by the property owners and managers. The developer or property management company divides several parking spaces on both sides of the residential road, and the ownership of property rights depends on the nature of the road where the parking spaces are located. If the road located in the community is a municipal road, its property rights belong to the state.

Developers must obtain the authorization and approval of the government to set up parking spaces. If the road is a public road in the community, the land for the road belongs to a part of the plot, which has been calculated in the total land area of the community when calculating the plot ratio of the community, and its land use right has been enjoyed by all owners in proportion. Therefore, this kind of parking space uses the land use right of all owners, so it should belong to all owners. According to the relevant laws and regulations, the parking fee for residential parking spaces owned by all owners actually includes two parts, one of which is land rental income, which should be owned by all owners; The other part is the vehicle care fee, which belongs to the developer or property management company as the caretaker.

legal ground

People's Republic of China (PRC) Civil Code

Article 275 The ownership of planned parking spaces and garages within a building division 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.

Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.

Second, what is the standard for the property to collect parking fees in the community?

1. The maximum charge for ground parking service in the property management area of residential quarters is 70 yuan per vehicle per month;

2. The owners of ordinary residential quarters have the property right or the right to use the garage or parking spaces in the garage, and charge according to the property service of ordinary residential quarters;

3 residential and non-residential mixed residential areas, residential owners in accordance with the residential property service fee standards, non-residential owners to implement market-adjusted prices.