Who owns the underground garage in the community?

The ownership analysis of the underground garage in this community is as follows:

1, owner. 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. Developers. The construction area of underground parking spaces is not shared, and if the developer obtains the property right of the garage separately, the developer can sell the property right to the purchaser, but the underground garage can only be pre-sold to the purchaser 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.

Does the residential public parking space property have the right to charge?

1. The property management company has no right to charge parking fees. Because at this time, each parking space belongs to the owner who bought or accepted the gift, and the public part of the parking lot belongs to all the owners who own the parking space.

2. After being authorized by the construction unit, the property company can charge the parking fee from the owner instead of the construction unit, but the parking fee standard at this time is not determined by the property, and it is specifically agreed by the owner and the construction unit in the contract. It can also be said that the property has no right to ask for community parking fees at this time;

3. The ownership of the parking lot belongs to all owners, and the use and charging standards of the parking lot are agreed by the owners' congress in the management statute.

Legal basis: Article 274 of the Civil Code of People's Republic of China (PRC).

Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 275

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.