Provisions of 202 1 Civil Code on Underground Parking Spaces

China's Property Law stipulates parking spaces in residential areas: parking spaces and garages planned in residential areas should first meet the needs of owners and be used by agreement in the form of sale or bonus; The parking space occupied by the owner * * * belongs to the owner * * *. In other words, property companies have no right to plan parking spaces at will, especially the following three. It is illegal to sell them privately. Especially the following three kinds, it is illegal to sell them privately. 1, community public space. The land use right of the residential area belongs to all the owners, and the developer transforms it into a parking space and then sells it to the owners, which of course infringes on the rights and interests of the owners, so the developer has no right to sell the open above-ground parking space. 2. Underground civil air defense parking spaces. Underground civil air defense parking spaces in residential areas belong to parking spaces built by civil air defense projects in residential areas and not used for parking in wartime. Lawyers believe that civil air defense parking spaces are exercised by civil air defense management departments on behalf of the state, and such parking spaces cannot apply for real estate licenses, and the ownership does not belong to developers or all owners. 3. Shared underground parking spaces. If the underground parking lot has been shared by the community owners as a pool area, then the developer has no right to sell it. In other words, when selling a house, the area of the underground parking space has been allocated to each owner, and the money is collected in proportion, and then the underground parking space is sold to the owner, which is repeated collection of money. Extended information According to Article 70 of Chapter VI Building Ownership of People's Republic of China (PRC) Property Law, the owner enjoys the ownership of the exclusive parts such as houses and business premises in the building, and the * * * parts other than the exclusive parts enjoy the right to jointly manage with * * *. Article 71 An owner shall have the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners. Seventy-second owners of the building outside the exclusive part of the * * * part, enjoy rights and obligations; Never give up your rights or fulfill your obligations. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together. Article 73 Roads within a building division belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner. Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners. Within the building division, the ownership of parking spaces and garages planned for parking cars shall be agreed upon 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.