Can the right to use the parking space be transferred to the property right registration?

The right to use the parking space cannot be transferred mainly for the following reasons:

1. Parking spaces and garages in residential areas are mandatory supporting facilities for residential buildings.

According to the provisions of Articles 26 and 27 of the Urban Real Estate Management Law and Article 12 of the Regulations on Urban Real Estate Development and Management, real estate development must be carried out in accordance with the land use agreed in the land use right transfer contract, and the design and construction of construction projects must conform to relevant national standards and norms; GB50368-2005 "Code for Residential Buildings" requires "(4.3.5) Residential buildings should be equipped with residential car parking lots or garages". According to the provisions of Article 5 of the Interim Measures for the Administration of Residential Prices, the land acquisition costs and construction costs of residential quarters should be included in the residential costs, which constitute the sales price of commercial housing; According to Article 27 of the Property Management Regulations and Article 16 of the Measures for Property Acceptance Inspection, the car parking lots and garages in residential areas belong to the property facilities enjoyed by the owners according to law, and the parking space ratio (number of cars/number of households) of parking lots (garages) belongs to the planning conditions, and the municipal planning quota is implemented, which is stipulated in the general plan of the construction project design scheme and implemented as commercial housing.

2. The owner is the right holder of residential facilities.

The Property Law classifies "the parts, facilities and equipment used by the property owner according to law" as * * * * parts. According to Article 72 of the Property Law or Article 273 of the Civil Code, the owner shall enjoy the rights and undertake the obligations for the * * part other than the exclusive part of the building. When the construction unit transfers its completed house, it shall bear the responsibility of early-stage property service, and abide by the provisions of Article 27 of the Regulations on Property Management. The owner shall enjoy the ownership or right to use the parts and facilities of the property according to law, and the construction unit shall not dispose of them without authorization. Article 28 When the property service enterprise undertakes the property, it shall inspect the parts and facilities of the property.

Before the establishment of the owners' congress, the realty service enterprise shall provide on-site management services for residential parking lots (garages) and parking spaces according to the preliminary realty service contract and the temporary management regulations formulated by the construction unit; According to Article 282 of the Civil Law, "the income generated by the use of the owner by the construction unit, the property service enterprise or other managers shall be owned by the owner after deducting reasonable expenses", and according to Article 54 of the Property Management Regulations, "the income obtained by the owner shall be mainly used to supplement special maintenance funds".

3. The establishment of the owners' meeting has realized the owners' * * * and management.

After the establishment of the owners' congress, the realty service enterprise shall be selected through the market competition mechanism, and the realty service enterprise shall provide on-site management services for residential parking lots (garages) and parking spaces according to the realty service contract and the management regulations formulated by the owners' congress; Similarly, according to Article 282 of the Civil Law, the income from parking spaces, after deducting reasonable costs, belongs to the owners. According to Article 17 of the Guiding Rules of Owners' Congress and Owners' Committee, the owners' congress decided to "use part of * * * for operation and distribute the use income". Because some owners use the parking lots, garages and parking spaces purchased by all owners when buying houses, according to the provisions of Article 275 of the Civil Law, the paid use of parking spaces is decided by the owners' meeting, and the proceeds obtained by the owners are used to supplement the special maintenance funds, which is the compensation for all owners to bear the investment in parking lots (garages) and parking spaces, which not only embodies the enjoyment of * *, but also ensures the raising of subsequent special maintenance funds; When the owners' congress decides other ways of use, it should also reflect the enjoyment and reasonable distribution of * * *.

For related issues, please refer to articles such as Can the ownership of parking spaces in residential quarters be transferred separately, Services that property service providers should provide, and What rights owners enjoy in property management activities.

Put forward suggestions according to laws and regulations, hope to adopt them and help friends.