Is it illegal to delimit your own parking space?

It is illegal to mark your own parking space.

No unit may delimit parking spaces without permission, otherwise it will be regarded as an illegal act and will be fined from 500 yuan to 5,000 yuan.

Precautions for purchasing parking spaces:

1. Make clear the property right of the parking space, and see whether the parking space is owned by the developer, that is, whether the developer has ownership. If the purchased parking space and garage can't handle the property right certificate, it means that the parking space and garage can't be sold. If the parking space is a public facility, the developer will not enjoy its ownership, let alone conduct market transactions (the sale of parking space use rights or ownership).

2. The relevant rules of parking spaces should be written into the contract. When the buyer signs the pre-sale contract, if the parking space is pre-sold with the house, the buyer and the developer should clearly agree on the location, parking space number, pre-sale area and pre-sale price of the parking space in the supplementary clauses of the pre-sale contract, preferably with a floor plan, and agree on the solution to the differences.

If the commercial housing is pre-purchased before the parking space is purchased, a pre-sale contract can be signed separately with the developer, and the above situation should also be agreed and registered for the record.

3. The parking space used as pool area cannot be sold. Parking spaces are mainly divided into underground parking spaces and above-ground parking spaces. There are two kinds of parking spaces on the ground, one is open, and the specific location of each parking space is mainly determined by marking. As the land use right of the community belongs to all owners, developers have no right to sell it. The other is an above-ground parking space with enclosures on three sides. If the developer makes it clear that this parking space has independent land area and construction area when applying for planning, the developer has the right to sell it.

If the area of underground parking spaces has been shared by the community owners as a pool area, then developers have no right to sell. If the area of underground parking spaces is not shared and there is an independent land area and construction area, the developer has the right to sell it.

According to the current laws and regulations on residential planning, the site used by the community, the parking spaces and garages included in the pool area belong to all owners of the community, and the supporting facilities such as civil air defense projects are also prohibited from being sold, and developers or property companies have no right to sell them.

4. Pre-sale parking spaces must obtain pre-sale permits, just as developers must obtain pre-sale permits when selling houses. When reviewing the pre-sale permit, the purchaser should pay attention to the fact that the pre-sale area of underground parking spaces and commercial houses on the ground should be indicated in the remarks column of the pre-sale permit. If an underground parking space applies for a pre-sale permit separately, it shall be indicated in the "Project Type" column of the pre-sale permit.

5. Parking spaces in residential areas generally follow the "limited principle", that is, only the owners of residential areas can buy parking spaces in residential areas. It is impossible for non-residential owners to buy residential parking spaces to be confirmed by the Housing Authority. Parking spaces in residential areas are planned for the convenience of owners. In addition, selling or renting parking spaces in the community to people outside the community will cause difficulties in property management.

6. Buying a parking space requires deed tax and maintenance fund. The longest property right period of underground parking spaces is 50 years. In some commercial office projects, the property right period of parking spaces is 40 years or even shorter. In addition, buying a parking space, like buying a house, also needs to pay deed tax and public maintenance fund. Among them, the deed tax payment amount is 3% of the total parking space price.

7. You can't use provident fund loans to buy a parking space, and you can't use provident fund loans to buy a parking garage. Housing provident fund shall be used for employees to purchase, build, rebuild, overhaul and decorate (newly added) self-occupied housing, and no unit or individual may use it for other purposes. Therefore, provident fund loans cannot be used to buy things other than self-housing, and of course they cannot be used to buy garages.

To sum up, the act of smearing parking spaces without permission is punishable, and it is also a thankless thing. Don't paint the parking space without permission.

Legal basis:

Article 942nd of the Civil Code of People's Republic of China (PRC).

Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage some owners in the property service area, maintain the basic order of the property service area, and take reasonable measures to protect the personal and property safety of the owners.

Property service providers shall take timely and reasonable measures to stop acts that violate laws and regulations such as public security, environmental protection and fire protection in the property service area, report to the relevant administrative departments and assist in handling them.

Article 943

Property service providers shall regularly disclose service matters, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds and the operation and income of some owners in a reasonable way, and report to the owners' meeting and owners' committee.

Article 944

The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.