Is it illegal to rebuild the residential green belt into a parking lot? See what the lawyer says.

Owners often reflect that when buying a house, developers indicate on the planning drawings that this is a landscape green belt. After check-in, many property companies transform green belts into dozens of parking spaces and rent or sell them to owners. Is it legal for the property company to do so? If it is illegal, how should the owners protect their rights?

According to lawyer Zhao of a law firm, the law does not prohibit this kind of behavior of residential property companies, but residential property companies must perform relevant procedures and formalities before implementing this kind of behavior. According to the Property Law, the green space within the building area belongs to all owners. The property management company changed the original green space of the community into a parking space, which is an act of changing the ancillary facilities of the building area. It shall be approved by more than two thirds of the owners or the owners' congress. If this behavior changes the community planning, it must be approved by the garden and planning department after the owner agrees. If the residential property company violates the above laws and regulations, the owner can ask the property company to stop this behavior and restore the green belt. If the property company refuses to implement it, the owners can jointly apply for on-site law enforcement by the housing construction department and the urban management department, or even settle the lawsuit.

Regarding the parking fee charged by the property company to the owner, the staff of the Municipal Price Bureau said that whether the fee is reasonable depends on who owns the parking space. The use of green belts to transform parking spaces, property rights belong to the owners, the proceeds belong to all owners, and the fees need to be agreed by more than two-thirds of the owners. The parking space income can be used to deduct the corresponding property fees of the owners, and can also be used as special maintenance funds for the community. Owners have the right to know the income and flow of parking spaces, and residential properties should be publicized regularly to accept inquiries from owners. If the property right belongs to the developer, after authorization, the property company can charge fees in accordance with relevant regulations.

(The above answers were published on 20 17-05- 17. Please refer to the current actual purchase policy. )

Comprehensive and timely real estate information, click to view.