Can a long-distance parking space be traded to others without a title certificate?

Ms. Chen, a citizen, bought a group consultation at the "Focus Night Self-study": the long-distance parking space has no title certificate. Can you sell it to others in the future?

Let's take a look at several situations of parking space ownership.

Generally speaking, according to the ownership of property rights, there are three kinds of parking spaces:

1. The public * * * parking spaces that have been included in the pool area belong to all owners of the community, and the developers have no right to sell or register property rights;

2. The developer has separately obtained the parking space property right, which is not included in the pool. This kind of parking space can be bought and sold;

3, by the civil air defense project transformation, because the civil air defense project is mandatory by the state, the ownership belongs to the state, and the developer enjoys the right to income after investing in it, but the right to income does not mean property rights.

Why should parking spaces be attached to the housing area?

There is a concept of "floor area ratio". The plot ratio refers to the ratio of the total construction area to the parcel area in a certain plot in an urban planning area, which is an important index adopted by urban zoning management. Moreover, the floor area ratio is a concept that reflects whether buildings are allocated to the corresponding land use rights. Only the buildings participating in the calculation of the floor area ratio can obtain the area share of the land use right of the corresponding parcel number. It is impossible for a building that is not included in the floor area ratio to obtain a certificate of real estate ownership, and its legal right of initial registration can only be attached to the building whose real estate ownership is included in the floor area ratio.

Can the underground garage be included in the floor area ratio?

If the developer examines and approves the underground garage as an underground construction area, he can bring the underground garage into the floor area ratio, or make initial registration of real estate rights and obtain an independent property right certificate, and the developer can retain its ownership. On the other hand, if the floor area ratio is not included, the ownership of the houses allocated with land use rights will be sold to all owners, and the allocated land use rights of these houses will also be transferred to all owners, so the ownership of the parking spaces (garages) occupied by these owners will also be owned by the owners.

Therefore, garages (spaces) that cannot obtain separate property rights cannot be sold separately.

Is it risky to buy a parking space without property rights?

Buying a parking space without property rights is risky. In fact, the so-called "parking space lease contract" signed by the owner and the developer can only be regarded as a long-term lease agreement. In the event of unpredictable circumstances such as natural disasters, the parking space no longer belongs to the owner. In addition, once you encounter problems such as community demolition, parking spaces without property registration will definitely not be compensated for demolition. Although the developer claims that the owner can freely transfer the right to use the parking space after purchase, the price is self-determined, but the property can also be registered for change free of charge; However, there is always great risk in the parking space transaction without the right transfer certificate.

So what conditions does Mr. Zhang need to make clear when he wants to trade parking spaces?

Mr. Zhang must first understand: Is the parking space he bought at that time a pool? Do you have a corresponding share of land use rights? If it is not included in the pool, but also has the share of land use rights, then the property rights can be registered separately and traded; Otherwise, parking spaces are really hard to sell.

Are the citizens who are ready to rent long-term parking spaces or want to transfer non-property parking spaces clear now? Parking space transaction is not as simple as expected.

(The above answers were published on 20 17-02- 17. Please refer to the current actual purchase policy. )

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