What is the standard and basis for charging parking fees for residential properties?

The Property Law of People's Republic of China (PRC), which came into effect on June 65438+ 10/day, 2007, has been clearly stipulated. Whether a property company has the right to charge parking fees from the owners depends on different situations.

In some places owned by owners, as long as it does not affect the traffic in the community, the property company has no right to charge you parking fees, and the price department will not give any approval to the property company to charge fees on the roads in the community.

According to the relevant provisions of the tax law, the parking fee charged by the property company to the owner should be calculated and paid business tax, and the general invoice of the service industry should be issued on its own initiative. Failure to issue invoices for fees violates the relevant provisions of the tax law. Consumers can report to local tax authorities or complain to local consumers' associations.

The parking fee is approved by the price bureau and has a formal invoice. The fees collected belong to all owners, but if the investment and construction of the community is too large, it can be used by the property, but it must be approved by the industry Committee.

Extended data

Who owns the parking space in the community:

Parking spaces should be treated differently because of their different nature and ownership: one is a parking space that can apply for real estate license, and the other is a parking space that occupies roads.

Generally speaking, the parking space is a property accessory facility built by the developer according to the administrative plan, which is essentially a land use right and cannot be registered for property rights. However, whether the building area occupied by the building can be registered for property rights is related to whether it is included in the floor area ratio calculation, and the key lies in whether the parking area is included in the building area. If the developer brings the parking area into the plot ratio calculation, the developer can ask for the property certificate of the parking space, and can choose to transfer it by selling or giving it away.

And * * * parking spaces on roads should belong to all owners * * * because * * * has roads and public areas that belong to all owners * * *. Developers must accept the approval of government departments for the planning of green area, usable area and traffic roads in residential areas. The developer shall build a parking space for the owners of the community that meets the owners' use, and shall not occupy the roads owned by the owners to park vehicles.

According to Article 74 of China's Property Law, the planning of parking spaces and garages for parking cars should first meet the needs of owners within the building division. In the building division, the ownership of planned parking spaces and garages shall be agreed 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. According to the provisions of this article, the parking fee charged for parking on the * * * road belongs to the owner.

References:

Baidu Encyclopedia-People's Republic of China (PRC) Property Law