Can residential parking spaces be sold to non-owners?

Can residential parking spaces be sold to owners or non-owners? Specific instructions are as follows:

Article 275 of the Civil Code 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 sale, gift or lease"; In practice, residential quarters should pay attention to the following specific issues:

1. It is illegal to sell, give away or rent parking spaces to owners for a long time.

According to the national regulations, the land acquisition fee for the development and construction of residential quarters and the construction fee for supporting facilities are included in the cost, which constitutes the house price, including the car parking lot (garage) and the parking spaces in it, which is mandatory in the Residential Building Code (4.3.5). In fact, among the prices charged by developers for selling houses, the investment in parking lots (garages) and parking spaces has been shared, and the ownership of supporting facilities should have been transferred as a whole according to law. Facilities with clear ownership (including parking facilities and civil air defense facilities) shall be handed over in accordance with the Measures for Property Acceptance, and some of them shall be owned by the owners according to law. Therefore, it is illegal for the owner to sell, give away or lease the right to use the parking space to the owner for a long time without authorization, or even charge a fee of 20 years, which violates the provisions of Article 27 of the Property Management Regulations. "The owner shall not dispose of the ownership or use right of the property parts and facilities he enjoys according to law."

It is illegal to change the use of residential facilities without authorization.

According to Article 50 of the Urban and Rural Planning Law, "The general plan of the construction detailed planning and construction engineering design scheme approved according to law shall not be modified at will" and Article 49 of the Property Management Regulations, "The public buildings and facilities built according to the plan in the property management area shall not be changed", if the planned parking spaces specified in the general plan cannot meet the parking needs of the owners, it shall be discussed and approved by the owners' meeting. Therefore, it is illegal for anyone to set up parking spaces without planning permission to change the use of facilities in the community without authorization. According to law, unplanned parking spaces are not allowed in the community. According to the above regulations, the construction unit or the realty service enterprise has no right to set up parking spaces in the community without authorization, nor shall it use the civil air defense facilities in the community to set up parking spaces. In fact, some construction units have changed the compulsory car parking lot (garage) into a civil air defense project (area) without authorization, and sold the right to use the rented parking space for 20 years in the name of using the civil air defense project at ordinary times, which violates the above-mentioned provisions of "no modification at will" and "no change of use" in order to cover up the fact that their owners have the right to use the parking space.

3. Formulate temporary management regulations according to law, and maintain the order that * * has * * and * * enjoys * *.

According to the provisions of Article 22 of the Property Management Regulations, the construction unit is responsible for formulating the temporary management statute. The use, maintenance, management and owners' interests of parking spaces in residential areas must be agreed upon in accordance with the aforementioned national regulations on parking spaces and Article 282 of the Civil Code. After deducting reasonable costs, the generated income belongs to the owner. In fact, observing the stipulation in Article 54 of the Property Management Regulations that "the owner's income should be mainly used to supplement special maintenance funds" is the best way for the owner to enjoy the income according to the principle of fairness, which can guarantee the expenses of overhaul, medium repair, renewal and transformation of the parts and facilities used by the property, and is very important for preventing the aging of facilities and equipment, preventing accidents and ensuring the personal safety and property safety of the owner. Therefore, temporary management regulations should be formulated in accordance with the law to maintain the order that * * * has * * * and enjoys * * *, and the income earned by the owners should be transferred to the special residential maintenance funds for rolling use in accordance with Article 27 of the Measures for the Administration of Special Residential Maintenance Funds, and shall not be used for other purposes, and shall be subject to audit supervision by the audit department according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.

4. * * * Parking spaces shall be managed by the owner.

The establishment of the owners' congress has realized the co-management of owners. In view of the problems existing in the temporary management regulations and their implementation, we should revise and formulate management regulations, maintain the legal order that parking spaces have the right to use, and follow the principle of fairness so that owners can enjoy benefits. If we want to correct the problem of selling, giving away or renting parking spaces to owners for a long time, we will inevitably encounter vested interests.

According to the provisions of Article 275 of the Civil Code, firstly, the use nature of "parking spaces and garages planned for parking cars in building divisions" should be confirmed according to law; In accordance with the provisions of the Measures for Undertaking Property Inspection, the construction unit and the property service enterprise are obliged to provide the filing documents for undertaking property inspection, and abide by the provisions of Article 949 "Truthfully inform the use and management of the property". For the * * * parking spaces enjoyed by the owners according to law, the owners' meeting will jointly decide the paid use mode of parking spaces, and entrust the property service enterprises to provide on-site management services.

5. Privatization of the right to use the parking space hinders the effective lease use.

Privatization of the right to use parking spaces leads to a lot of free time for parking spaces, but other owners who need parking spaces can't use them at this time, which not only wastes public resources, but also produces contradictions between owners and even society. Property services have the obligation to maintain the parking order in residential areas with * * * and meet the actual parking needs of owners. In order to avoid the phenomenon of vacant parking spaces, it is necessary to correct the privatization of parking spaces in * * *, accept the guidance and supervision of government departments according to law, and even restore the parking spaces in * * * * according to law.

The owners' congress should encourage property service enterprises to adopt new technologies and methods to improve the management service level, maximize the use potential of existing parking spaces, realize efficient rental of parking spaces, alleviate the parking difficulties of owners, and increase the income generated by parking spaces. Under the guidance of the competent price department, parking fees are divided into three parts: providing venues, parking services and special storage services for vehicles. On the premise of ensuring reasonable fees and meeting the needs of maintenance funds, it is agreed through consultation according to law that the proportion of actual income from parking services and special custody of vehicles will be used as a reward commission for property service enterprises, and the remaining income can offset the cost of property services and reduce the actual charging standard of property services.

To sum up, Article 275 of the Civil Code does not support the sale, gift or long-term lease of the right to use the * * * parking space to the owners, nor does it support the privatization of the right to use the * * * parking space, which cannot be used as a legal basis to cover up the right to use the parking space for the owners who steal the parking space.

For related issues, please refer to the article "Related Issues of Parking Fees in Residential Areas (I)".

Put forward the above views and welcome everyone to discuss and exchange useful experiences.