Where is the ownership of parking spaces in the community unclear?

The location is relatively small; Underground civil air defense parking spaces, developers have the right to rent, have no right to own and sell, and such parking spaces account for the largest proportion in Qingdao; The developer has added temporary parking spaces outside the community planning on the ground, which belongs to all owners; Parking spaces planned and constructed within residential building divisions shall be determined by the contract.

Do you still have a parking space? The court ruled that the developer had no right to sell. Recently, in 2003, the verdict of a garage ownership case in Nanjing detonated the network. This old story from many years ago can still attract such attention. The reason behind it is precisely that parking spaces involve the vital rights and interests of the majority of owners in reality. However, due to the unclear ownership of parking spaces in current laws and regulations, the relevant departments have different treatments of parking spaces, and disputes and even conflicts caused by parking spaces in residential areas have been staged in many places across the country.

Then, what are the types of residential parking spaces in Qingdao, what are the differences between the owners' rights and interests involved in different types of parking spaces, and what risks do owners need to avoid when choosing to lease or buy parking spaces? In order to find out these problems, the reporter conducted an in-depth investigation and interview on housing management, property management, civil air defense and other departments, and sorted out the types and ownership of parking spaces in Qingdao community.

Parking spaces in residential areas often cause trouble.

Recently, Ms. Wang, who lives in Chengyang District, was overwhelmed by the parking spaces in the community. Just a few days ago, there was a dispute between the owner and the property at the entrance of the beautiful cube community in Tiantai City where Ms. Wang was located because of the parking space problem. The scene was once chaotic, and some people were even injured until the police 1 10 arrived. It is understood that the community recently began to charge parking spaces, which was opposed by some owners. In addition, the dissatisfaction caused by the property's previous parking line in the fire escape eventually led to discordant pictures such as disputes, abuse, blocking doors and even destroying parking poles in the community.

This is not the first time that a community in Qingdao has had a dispute over parking spaces.

In May this year, the Bluetooth system of underground garage was launched in Jimo Mohe Jiayuan Community. Unexpectedly, the underground garage was empty, but the entrance of the community was a mess, and vehicles stopped everywhere. According to the owner, Mohe Jiayuan is divided into two areas, north and south, with more than 2,000 households in more than a dozen buildings. The residential area adopts the design of separating people from vehicles, and all parking spaces are underground. Before everyone stopped casually, the property was confiscated. However, on May 13, a notice suddenly came, saying that there were 654.38 million parking spaces, and people who didn't buy them could not enter the parking lot. In this regard, the owners are quite dissatisfied and have discussed with the property and developers.

At the beginning of this year, the owner of Kanayuanzhu Community in Jiaozhou drove back to the community only to find that it was blocked outside the gate. Most of the owners of the community just moved in last year. Before that, the underground garage had been rented out. After New Year's Day, developers suddenly informed them to rent for sale. The most expensive parking space exceeds 654.38+10,000 yuan, and the developer even closes the door of the community to prevent owners without parking spaces from entering. According to the introduction of the local housing management department, the civil air defense project used for parking in Kanayuan Bamboo Community is a civil air defense project built by the development enterprise in combination with civil buildings to fulfill the obligations of civil air defense laws and regulations, and is not included in the public building area. For the owners' demands, it is suggested to safeguard the legitimate rights and interests through market supervision institutions or legal channels.

Mr. Zhang from Jimo lives in Tianhe County, Tianyi, and delivered the house at the end of last year. Since the delivery of the house, Mr. Zhang's car has been entering and leaving the community at will. On May 18, the property posted a notice that all owners without parking spaces were not allowed to enter the community. According to the property notice, the owner must have a parking space if he wants to enter the community, because the underground parking space has not been built, and he can only rent and sell the parking space on the ground. An above-ground parking space costs 40 thousand If rented, the monthly rent is 150 yuan, and the management fee is 10 yuan. The property manager said that the purchase contract has stated that there is no parking space and vehicles are not allowed to enter the community. In the early stage, it was considered that many owners were renovating just after handing over the house. In order to facilitate access, this provision was not implemented in time.

Underground property parking space? Can buy, rent and insure.

"I didn't expect to run a parking space to be more troublesome than buying a house. Many rules and regulations are unclear, and the property is even more incomprehensible. " Ms. Gu, a citizen, bought a commercial house in a building on Jiushui East Road. She wants to reconsider the parking space for a year and a half, but developers and properties are "pressuring" through various channels. "The concept of more rooms and fewer parking spaces has scared many owners, including her. However, in the face of the unclear parking space price and parking space ownership of more than 65,438+10,000, Ms. Gu still can't make up her mind.

In order to find out the ownership of parking spaces in Qingdao community, the reporter interviewed the departments of housing management, property management and civil air defense, and learned that parking spaces in Qingdao community are mainly divided into underground property parking spaces, underground civil air defense parking spaces, ground planning parking spaces and temporary parking spaces on the ground according to the ownership types.

Property parking space, the ownership clearly belongs to the owner, and the relevant rights and interests are the most guaranteed.

According to the relevant staff of the Regulations Department of Qingdao Municipal Bureau of Land Resources and Housing Management, according to the relevant provisions of the real estate registration rules of Qingdao Municipal Bureau of Land Resources and Housing Management, there are parking spaces with clear fixed boundaries and numbers that can be used independently in the building division, and the obligee can apply for registration. This part of the parking space conforms to the exclusive provisions required by the Property Law and belongs to the construction unit or purchaser of the parking space. After signing a contract with the developer to purchase the parking space and completing the registration formalities of ownership transfer, the community property owner can become the exclusive owner of the parking space.

The reporter learned from Qingdao Real Estate Trading Center that according to the relevant regulations, real estate development enterprises can apply for the initial registration of parking spaces and garages planned within the building division; If a real estate development enterprise transfers by means of sale or gift, the parties concerned may apply for registration of transfer. Parking spaces and garages planned within the building zoning are agreed to be owned by all owners, or the parking spaces on roads or other sites owned by the owners are occupied with the approval of the planning. When applying for initial registration, real estate development enterprises shall apply together and register for all owners.

Previously, official website, an online real estate company in Qingdao, counted that the number of saleable parking spaces in Qingdao was insufficient 1 10,000. Although there is no latest statistical data, the staff said that parking spaces without property rights or unable to handle independent property rights accounted for a large proportion.

"There are very few parking spaces with property rights in the residential areas currently on sale in Qingdao, and even the residential areas we have traded have 10%." Manager Fan, the person in charge of Qingdao real estate, told the reporter, "Unlike the real estate license, the parking space does not have a separate parking permit and needs to match the property rights of the house." Manager Fan said that even if there are planned property parking spaces in many communities, developers are not willing to directly transfer property rights to owners, and are more willing to rent or sell the right to use them.

Underground civil air defense parking spaces can't be bought or sold, only rented.

Underground civil air defense parking spaces in residential areas belong to parking spaces built by civil air defense projects in residential areas and not used for parking in wartime. According to industry estimates, this kind of parking space should be the largest one in Qingdao.

The reporter consulted five buildings in the urban area as a property buyer and got almost the same answer. Underground parking spaces are being sold to the public, all of which are civil air defense projects. The price is between150,000 and 200,000, "only for sale, not for rent". "Now the underground parking spaces in high-rise residential areas are all civil air defense parking spaces. All communities only sell, spend more than 65438+ 10,000 yuan, less than 2,000 yuan a year, and you can park safely for at least 70 years. If you rent a car, it will cost at least 4,200 yuan a year. " Haier Road, a residential sales staff told reporters.

The reporter learned from Qingdao Civil Air Defense Office that civil air defense projects are state-owned assets of civil air defense and an important part of national defense assets, and their property rights should belong to the state. At the same time, the state encourages and supports enterprises, institutions, social organizations and individuals to invest in civil air defense projects through various channels; Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors.

The "Regulations on the Administration of Civil Air Defense Engineering Construction" clearly stipulates that the investor and owner of the air defense basement should be the construction unit (developer). The construction unit (developer), as the user (or the user entrusted by it), has the right to develop and utilize the air defense basement in peacetime without affecting the protection efficiency of the air defense basement, and enjoy the resulting income, but has no right to own and sell the air defense basement property rights as national defense assets.

According to the staff, whether it is a lease contract or a transfer contract, it is to determine the lease relationship. According to Article 2 14 of the Contract Law, the lease term shall not exceed 20 years. More than twenty years, the excess is invalid. Upon the expiration of the lease term, the parties may renew the lease contract, but the agreed lease term shall not exceed 20 years from the date of renewal.

Temporary parking space on the ground? All owners * * * own

The third category is the above-ground parking space in the community. This kind of parking space is built in the above-ground space of the community. There are two kinds of parking spaces on the ground, one is the parking space planned and built in the residential building division, and the other is the temporary parking space added by the developer outside the planning.

The reporter learned from the Municipal Property Management Office that according to the provisions of the Property Law, the above-ground parking spaces occupied by roads and green spaces in the building division belong to all owners.

Paragraph 3 of Article 74 of the Property Law stipulates that "parking spaces that occupy roads or other venues owned by the owner for parking cars belong to the owner". Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings further clearly stipulates: "In addition to the parking spaces planned for parking cars within the building division, the occupation of parking spaces added by the owners on roads or other venues shall be recognized as the parking spaces stipulated in the third paragraph of Article 74 of the Property Law."

In addition, the ownership of the planned garage on the ground depends on the contract.

Article 74, paragraph 2, 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 buying, selling, giving or leasing". Therefore, the ownership of the planned parking garage is determined by the contract between the development enterprise and the owner.

The ownership of above-ground parking spaces has always been controversial, and the resulting parking space disputes have also been staged in several communities. Last year, the developer of Hon Hai Jiayuan Community charged the parking space rent for 63 years at one time, which caused concern and was finally stopped by the Urban Management Bureau and the Property Office on the grounds that the ownership of the above-ground parking space was unclear.

Identify parking space property rights? You can check these certificates.

(The above answers were published on 20 16-08- 19. Please refer to the actual situation for the current purchase policy. )

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