Is it legal to draw a fixed parking space in the community?

It depends on community planning, owners' rights and interests, and relevant laws and regulations.

First, community planning and parking space setting

Residential area planning is the basis of residential area construction and management, in which the setting of parking spaces is an important content in the planning. According to the Code for Planning and Design of Urban Residential Areas and other relevant regulations, parking spaces in residential areas should meet the basic parking needs of owners, taking into account the overall layout and traffic conditions of residential areas. Therefore, in the planning stage, residential developers or property management departments should reasonably plan the number and layout of parking spaces to ensure the parking rights and interests of owners.

Second, fixed parking spaces and owners' rights and interests.

The setting of fixed parking spaces involves the parking rights of car owners. In a residential area, the owner usually enjoys the right to park, but the specific parking method and quantity may be restricted by the regulations on the planning and management of residential areas. If fixed parking spaces are adopted in residential areas, the fairness and rationality of parking space allocation shall be guaranteed to avoid damaging the legitimate rights and interests of owners. At the same time, the owner should also abide by the regulations of community management, park at the designated location, and not arbitrarily occupy other people's parking spaces or public roads.

Third, laws, regulations and policy guidance.

Regarding the legality of defining fixed parking spaces in residential areas, we also need to refer to relevant laws, regulations and policy guidance. For example, the Property Law and other relevant laws stipulate the property right and use right of parking spaces in residential areas, and owners should enjoy corresponding rights when purchasing or leasing parking spaces. In addition, local governments may also introduce relevant policies to regulate and guide the management of parking spaces in residential areas. Therefore, when judging whether it is legal to designate fixed parking spaces in residential areas, relevant laws, regulations and policy requirements should be comprehensively considered.

To sum up:

Whether it is legal to designate a fixed parking space in a residential area needs to be comprehensively judged by combining community planning, owners' rights and interests, relevant laws, regulations and policy guidance. In the process of planning and implementation, we should ensure the rationality, fairness and legality of parking spaces, and safeguard the legitimate rights and interests of owners and the overall order of the community. At the same time, the owners should also abide by the relevant regulations and maintain the harmony and tranquility of the community.

Legal basis:

law of property

Article 74 provides that:

In the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

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.

Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Code for planning and design of urban residential areas

5.0.8 stipulates that:

Residential areas should be equipped with residential car (including bicycles) parking lots, and should meet the following requirements:

The parking rate of residents' cars shall not be less than10% of the number of households;

The parking index of public parking lots (garages) is not less than 0. 1 parking space per household in big cities, and not less than 0. 15 parking spaces per household in small and medium-sized cities;

Residential parking lots should be mainly underground parking garages.