Is it reasonable for underground garage to be rented by property?

It depends on the garage. Property belonging to the owner's * * * area cannot be disposed of. However, if it is a parking space owned by the developer or a civil air defense parking space that the developer has the right to use, then the property can be disposed of or rented later. Still have to understand the nature of parking spaces in this community first.

Who owns the property rights of parking spaces in the community?

1, open above-ground parking space.

The property right of the open above-ground parking space belongs to all the owners, who own it and use it free of charge. This kind of parking space mainly refers to the parking space formed by drawing parking spaces on the ground and standardizing parking. When the owner buys a house, he has the land use right of the community, which means that the land use right of the community belongs to all owners. Therefore, the developer or property has no right to dispose of the planned parking spaces on the land owned by the owner.

2. Parking spaces planned and built by the Ministry of Residential Construction.

Parking spaces built in the planning and construction of parking spaces in residential areas are owned by developers. Because at the beginning of planning, the plot was planned and designed as a parking space, which was not included in the area purchased by the owner, so it belonged to the developer before the transaction. However, this kind of parking space can be obtained through purchase after the owner moves in, and it has personal property rights.

3. Underground parking spaces are not included in the pool area.

If the area occupied by underground parking spaces is not included in the owner's pool area, then the property rights of these parking spaces belong to the developer. Developers can sell and rent parking spaces, but only the owners of this community. However, the premise of the establishment of this property right is to be reflected in the purchase contract, and that this part is not included in the pool. At this time, the property right can be owned by the developer. If you don't explain, it will automatically belong to all owners.

4. The swimming pool area includes underground parking.

Developers have no right to sell underground parking spaces included in the pool area, and the property rights of parking spaces belong to all owners. This parking space, like other public facilities in the community, can be used by all owners. However, there must be special management personnel for parking, and the owners' committee will entrust the property management company to rent it to the owners, and the income will be included in the community maintenance fund after deducting the management fees. This part of the expenses can not be used for other purposes, but can only be used for the maintenance of public facilities in the community.

5. Parking spaces for civil air defense projects.

The parking space occupied by the civil air defense project belongs to the civil air defense project, which belongs to the scope of the civil air defense project and has its particularity, so its property right is vague and it is still blank in law. At present, there are generally two standards in various places. One is managed by the developer, leased or sold to the owner, and the cost is paid to the civil air defense engineering department. The second is that its property rights are owned by investors. Specifically, if the parking space is invested and built by the developer, the developer has the property right of the parking space and the ownership of management and income, but it needs to register with the civil air defense engineering department. But if the developer transfers the cost of parking space construction to the owner, then the property right of parking space will also be transferred to all owners.

6. Underground parking spaces for non-civil air defense projects.

Underground parking spaces for non-civil air defense projects can be simply understood as basements or private garages. According to the accounting method of the housing management department, the total construction area of the basement and semi-basement with a height of more than 2.2 meters is calculated, and the owner can obtain the ownership separately when purchasing. A floor less than 2.2 meters high cannot handle property rights. That is to say, the purchase of underground parking spaces for non-civil air defense projects with a height of more than 2.2 meters can obtain independent property rights, and the purchase of underground parking spaces for non-civil air defense projects with a height of less than 2.2 meters cannot handle property rights.

7. Mechanical parking spaces.

Mechanical parking spaces are widely used in many large communities because of their operation mode, small floor space and high space utilization rate. However, because the mechanical parking space is a movable and non-independent space, it is generally impossible to register property rights and can only be rented by developers.