Can the independent property rights of parking spaces in the community be transferred to people outside the community?

Parking spaces can be sold to non-owners, and there is no relevant regulation prohibiting the sale of parking spaces to outsiders. However, it is stipulated that the parking spaces in the community should meet the needs of the community owners, so only when there are enough parking spaces in the community can the parking spaces be sold to non-owners.

Legal analysis

Parking spaces can be temporarily leased to units and individuals outside the property management area if conditions permit. "And there is no provision for the ownership of facilities and components used by * * *. At the same time, at present, the ownership of the facilities and parts used in this property also involves maintenance and cost bearing. For example, which parts, facilities and equipment belong to all owners * * * * *; Use * * * for things belonging to some owners; Should the ownership of the underground parking garage with undistributed construction area belong to all owners or developers? If it belongs to all owners, how should the warrants be issued, kept and used, how should the proceeds be handled, how to raise the maintenance fund and how to share it? For the underground parking garage sold by the developer, how to determine the ownership of the ground multi-storey steel structure mobile parking space built by the developer, whether some owners or individual owners can file a lawsuit against it, whether some owners or individual owners can file a lawsuit against the facilities used by * * *, and how to deal with the income of * * *. At present, there is no express provision. The solutions to this series of problems are currently waiting for relevant departments to formulate relevant laws and regulations. But in general, owners still need to raise their awareness of rights protection and find and solve problems in time.

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.

Article 284 The owner may manage the building and its ancillary facilities by himself, or entrust the management to the property service enterprise or other managers. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.