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What about the civil air defense parking space after 20 years?
Civil air defense projects built by the state are only for rent and may not be sold. Generally, renting civil air defense parking spaces can only be used for 20 years, and can be renewed at the expiration. The contract stipulates the service life, and the parking space recovered by the property can be rented after the expiration. Legally speaking, there is no problem. If there is no war or the country has no requisition demand, it can continue to be used.
Some courts hold that any unit or individual has no right to sell or transfer the property rights and use rights of civil air defense projects (including civil air defense parking spaces), which will harm the interests of the state and buyers, and the signed contract agreement is also invalid. Therefore, renting this kind of air defense parking space may have the risk of not being protected by law, which is also a dispute after 20 years of air defense parking space. Precautions for purchasing parking spaces: When purchasing underground parking spaces, the owner must make clear in advance whether the parking spaces belong to civil air defense parking spaces or property parking spaces, and make it clear in the contract when purchasing. Don't trust the verbal promise of developers that "property rights can be handled" to avoid being deceived. Buyers can judge from the parking space contract that the contract of property parking space is generally a parking space sale contract, while the contract of civil air defense parking space is generally a lease agreement, and the service life of parking space is generally not more than 20 years.
Legal basis: Article 5 of People's Republic of China (PRC) Civil Air Defense Law, civil air defense works are used and managed by investors in peacetime, and the proceeds are owned by investors.
People's Republic of China (PRC) Civil Code: Article 705 The lease term shall not exceed 20 years. More than twenty years, the excess is invalid. At the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.
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