Can the property be privately divided into parking spaces for rent on the residential road?

Generally speaking, parking spaces can be simply divided into two types, one is able to do property certificates, and the other is unable to do property certificates. Therefore, when buying a parking space, you must keep your eyes open and clearly know whether you are signing a motor vehicle parking space purchase agreement, a parking space lease agreement or a right-to-use transfer agreement.

Common parking spaces that can't get real estate licenses can also be simply divided into two types. One is the parking space that has been included in the pool area. As long as it is listed in the pool, legally speaking, it belongs to the parking space that can't get the real estate license, because it is shared by all owners. So this kind of parking space can be rented without buying property rights. The other is a civil air defense parking space.

Civil air defense parking spaces are different from other parking spaces and have their own particularity. Because the area occupied by civil air defense parking spaces belongs to civil air defense projects, and civil air defense projects belong to civil air defense projects, according to relevant regulations, national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement, as a civil air defense project, is not included in the public building area. Therefore, civil air defense parking spaces do not belong to developers or all owners, and such parking spaces cannot be purchased.

Can civil air defense parking spaces be rented? According to the current judicial practice, there are two main views on the lease of civil air defense parking spaces:

Viewpoint 1. Some courts hold that no unit or individual has the right to sell or transfer the property rights and use rights of civil air defense projects, and the transfer of parking spaces for civil air defense projects harms the interests of the state and buyers. Even if both parties sign a parking space transfer agreement, the agreement is invalid.

Viewpoint 2: If it is developed and managed by the developer according to the principle of "whoever invests benefits", the developer can get the rent by renting the parking space for civil air defense, but the use of civil air defense projects must be registered.

Therefore, if you want to rent a civil air defense parking space, you'd better get permission from the civil air defense department first. Moreover, the rented civil air defense parking spaces may be requisitioned by government departments for free due to force majeure such as war and natural disasters.

Finally, everyone should pay attention to the lease term. According to Article 214th of the Contract Law, "the lease term shall not exceed twenty years. More than 20 years, the excess part is invalid.