Is there any approval procedure from the Planning Bureau for the construction of parking spaces in Liyuan, Hongji New Town?

If the property company is approved by the planning department, it is legal to divide parking spaces in the community and charge fees.

Article 74 of the Property Law stipulates: "In building zoning, the planning of parking spaces and garages for parking cars should first meet the needs of owners.

In the building division, the ownership of planned parking spaces and garages shall be agreed 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. "

According to the second paragraph of this regulation, it can be seen that the Property Law allows developers to transfer the ownership of the garage to the owner by way of sale, gift or lease, and the prerequisite for sale, gift or lease must be the legal ownership or disposal right of the parking space and garage. Therefore, the property law has actually granted the ownership of parking spaces and garages to real estate developers. Of course, the parking spaces (including the ground) and garages owned by real estate developers are limited to those approved by the planning department when designing and planning.

If the developer does not set some open spaces in the community as parking spaces when designing, but temporarily uses these open spaces (including roads, etc.). As a built parking space, and the change plan has not been approved by the planning department, the developer and the property management company have no right to transfer the ownership of the parking space to an owner by selling, renting or donating, because the open space belongs to all owners.

First of all, we should know whether the development and construction unit of the community has gone through the corresponding parking space approval procedures at the beginning of design, or whether the property has coordinated the developer to go through the approval procedures for changing the park planning. If the property fails to pass the examination and approval of the planning department and insists on demarcating parking spaces and charging parking fees to the owners, then the behavior of the property company is illegal, and the owners' committee has the right to recall the property company by convening the owners' meeting.