Provisions of 202 1 Civil Code on Parking Spaces for Civil Air Defense

202 1 People's Republic of China (PRC) law stipulates that the property right of civil air defense parking spaces belongs to the state.

Under the premise of not damaging the civil air defense function and the owner's parking space demand, the developer only has the right to use the parking space and cannot sell it. The service period is 20 years, and the developer can continue to rent it after the expiration. Developers can charge a certain rental fee. If there is a war in the country, it will be unconditionally expropriated by the country.

Underground civil air defense parking spaces in residential areas belong to parking spaces built by civil air defense projects in residential areas. They are not used for parking in wartime and are not included in the public construction area as basements of civil air defense projects. Civil air defense parking spaces are owned by the competent administrative department for civil air defense on behalf of the state. This kind of parking space can not apply for real estate license, and the ownership belongs to neither the developer nor all the owners.

The right to use the parking lot and garage for parking vehicles within the planned construction area shall be agreed by the parties through sale, reward or lease, and the parking spaces for parking vehicles on roads or other sites owned by the owners shall be owned by the owners. Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

Civil air defense parking spaces are generally located on different floors of buildings, generally on the floors below ordinary parking spaces. The closed iron gate is one of the signs of civil air defense parking spaces. In some buildings, civil air defense parking spaces and ordinary parking spaces are located on the same floor and are divided according to different areas. From the use point of view, there is no difference between ordinary parking spaces and civil air defense parking spaces.

Article 275 of the Code Law of People's Republic of China (PRC) and the State stipulates that 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.

Article 276 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.

Article 54 of the Regulations on Property Management, where the parts, facilities and equipment of the property are used for business, the relevant formalities 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.