Who owns the property right of the underground parking lot in the community?

Ownership of underground parking spaces

1. At present, there are three types of ownership of underground parking spaces. Residential owners must find out the ownership of parking spaces before buying them.

1, the owner shall share the construction cost.

If the area of underground parking space has been included in the pool area when buying a house, this kind of underground parking space can't do the title certificate, which belongs to all the owners of the community, and the developer has no right to sell it, let alone transfer it.

2. Independent construction by developers

The construction area of underground parking spaces is not shared. If the developer obtains the property right of the garage alone, the developer can sell the property right to the purchaser, but the underground garage can only be pre-sold to the pre-buyers of commercial housing in the community.

3. Underground air defense works

Some underground parking spaces belong to civil air defense projects, and the state imposes regulations prohibiting developers from selling them. According to Article 5 of People's Republic of China (PRC) Civil Air Defense Law: "Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors." In contrast to this article, if the underground parking space belongs to the civil air defense project, that is, the investment of the developer has been automatically transferred to all owners with the transfer of the land use right, then the income from the garage reconstruction of the civil air defense project belongs to all owners.

Second, the query method of real estate ownership:

Under normal circumstances, developers will not publish detailed information about the property rights of underground garages. Owners who wish to obtain relevant information may apply to the people's government for disclosure of government information in accordance with the Regulations on Disclosure of Government Information.

Extended data:

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

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.

References:

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