Can I buy a parking space in a residential project?

Legal analysis: According to the second paragraph of Article 74 of the Property Law, the ownership of the parking spaces and garages planned for parking cars within the building division shall be agreed by the parties through sale, gift or lease. Therefore, at present, when most commercial houses are sold, developers and buyers will stipulate in the contract the garage and parking space specially used for parking cars, and stipulate that they will be owned exclusively or exclusively by the owners through renting, selling or giving away. In this case, it is not appropriate to assume that the garage and parking space are owned by the owner. Only parking spaces that occupy the owner's roads or other venues belong to the owner. It is reasonable to charge a certain parking fee even if the owner has a parking space.

Legal basis: Article 54 of the Regulations on Property Management states that the use of the parts and facilities of the property to carry out business shall be handled in accordance with the provisions after obtaining the consent of the relevant owners, owners' congress and property service enterprises. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress. Entrusted by the owners' congress or the owners' committee, the property management company has the right to manage and charge for parking or occupying the roads owned by the owners in public areas. The parking fee charged shall be distributed according to the agreement reached between the property company and the owners' meeting.