Does the underground parking lot belong to the public part of the owner?

Under normal circumstances, the ownership of underground parking lots in residential areas belongs to all owners. The property right of underground parking spaces in residential quarters is actually an incomplete property right attached to the possession, use and income of housing units. According to the law, the ownership of parking spaces and garages planned for parking cars within a building division shall be agreed 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.

According to relevant laws, regulations and jurisprudence, it is generally believed that parking spaces belong to all owners if one of the following conditions is met: the developer has included the construction area of underground parking spaces when calculating the pool area; Developers will include the cost of building underground parking spaces in the cost of residential development; According to national laws or local government regulations, it should be delivered to the owners free of charge, that is, the function of parking spaces as public facilities has been clearly defined in the planning of the community.

The parking spaces in the above-ground and underground garages meet the statutory requirements and are the exclusive parts of the ownership. The independence of this kind of parking space in structure and use is stipulated in Article 10 of the Measures for the Registration of Houses, that is, "a house or a specific space with fixed boundaries can be used independently and has a clear and unique number (building number, house number)", which is also in line with the concept of property rights in Article 2, paragraph 2, of the Property Law, "the obligee has direct control and exclusive rights to specific objects according to law" and can be registered as a specific owner. The development and construction unit may sell, give away or lease the parking space in an agreed way according to the provisions of the second paragraph of Article 74 of the Property Law.

Parking spaces occupying * * * part of the ground belong to management facilities. Other public * * * places in the community belong to the owner * *, and the parking spaces set on them are essentially the embodiment of the parts of the community and the management measures to meet the parking needs of the community owners. It is neither an exclusive part of distinguishing ownership nor a part of * * *. Therefore, it should not belong to the object of housing property registration and does not need to be registered.

Planning and design belongs to the parking space used by a specific exclusive part, which is similar to the appendage of the exclusive part.

Legal basis:

Article 274 of the Civil Code of People's Republic of China (PRC)

Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Article 275

Within the building division, 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.