Do underground garages in residential quarters have to have public parking spaces?

There is no "15% public parking space" in the underground garage of residential quarters. The relevant basis is as follows:

1. Parking spaces and garages in residential quarters are compulsory supporting facilities.

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; Mandatory national standards "Code for Planning and Design of Urban Residential Areas" (8.0.6) and "Code for Residential Buildings" (GB50368-2005) all require that "(4.3.5) residential buildings should be equipped with residential car parking lots or garages", and parking spaces should be built in proportion to the number of residents in residential areas and groups. Code for Planning and Design of Urban Residential Areas (8.0.6. 1) stipulates that "the parking rate of parking lots in residential areas should not be lower than10%" and (8.0.6.2) stipulates that "the ground parking rate of residential areas should not exceed10%"; It is to save land for residential construction.

2. The construction cost of underground garage in residential area is included in the residential cost, which constitutes the house price.

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; In fact, in the price charged by developers for selling houses, the shared investment in parking lots (garages) and parking spaces is the ownership of supporting facilities purchased by all owners. According to the "Property Acceptance Measures", facilities with clear ownership (including parking facilities and civil air defense facilities) should be handed over as a whole, belonging to the parking facilities enjoyed by community owners according to law. Article 27 of the Property Management Regulations stipulates that according to Article 282 of the Civil Code, "after deducting reasonable expenses, the income generated by the use of the part by the owner shall be owned by the owner."

3. Parking spaces in residential areas are owned by the owners according to law.

The proportion of parking spaces (number of cars/number of households) in automobile parking lots or garages in residential areas belongs to the planning conditions, and the municipal planning quota index is implemented, which is stipulated in the general plan of construction engineering design scheme. The proportion of parking spaces closely related to housing prices shall be clearly marked and made public in accordance with the provisions of Article 10 of the Regulations on Clearly Marking Commercial Housing Sales. According to the Measures for Undertaking Inspection of Property, before the property is delivered, the construction unit selects a property service enterprise to complete the property inspection and go through the filing formalities as required. The filing documents under the guidance and supervision of the competent government departments according to law are the basis for the owners to enjoy rights and undertake obligations according to law. According to the provisions of Article 27 1 and Article 278 of the Civil Law, the use of parking spaces in residential areas is decided by the owner * * *, which must be paid for, and the owner * * * enjoys the parking space income.

In short, the parking spaces in the planned residential quarters (groups) do not belong to the developers, but belong to all owners according to law. Owners' income shall be used to supplement special maintenance funds in accordance with the provisions of Article 54 of the Property Management Regulations.

For related issues, please refer to the article "Related Issues of Parking Charge in Residential Areas (I)" in this issue. Put forward suggestions that conform to laws and regulations, hoping to help friends, please adopt them.