How do parking developers claim for compensation because they have no property rights?

1. As for the ownership of planned parking spaces and garages belonging to civil air defense projects, neither the Property Law nor the Civil Air Defense Law clearly stipulates that the implementation policies vary from place to place. At present, the city implements the policy that the property rights of civil air defense projects belong to the state, and developers may not sell or give them away. According to the principle of "whoever invests will benefit" in the legislation of property law and civil air defense law, it can only be used by the owner, and a certain fee can be charged according to the agreement, provided that the function of civil air defense is not hindered and the needs of the owner are met.

Second, the ownership of planned parking spaces and garages belonging to non-civil air defense projects has a clear legal basis. Paragraph 2 of Article 74 of the Property Law stipulates: "The ownership of planned parking spaces and garages within a building division shall be agreed upon by the parties through sale, gift or lease." Therefore, the property rights of the planned parking spaces and garages in the building division belong to the developers. After obtaining the relevant planning permission and carrying out development and construction according to the planning permission, the real estate developer can obtain the property right according to the procedure and can sell, give away or rent it. It should be emphasized that Article 49 of Zhengzhou Property Management Regulations clearly stipulates the object of sale and rental of planned parking spaces and garages: "Parking spaces and garages planned for parking cars in the property management area should first meet the needs of owners and property users in the property management area". This means that the parking spaces and garages planned in the property management area must first meet the needs of owners and property users, and even if others put forward higher conditions, they cannot be sold or rented.

3. For parking spaces that occupy roads or sites owned by other owners, the third paragraph of Article 74 of the Property Law stipulates that "parking spaces that occupy roads or sites owned by other owners belong to all owners". Therefore, real estate developers have no right to sell or rent.