Is there a title certificate for the parking space?

1. Is there a property right certificate for the parking space?

(1) Civil air defense parking spaces generally do not have property certificates. The so-called civil air defense parking space refers to the underground parking space rebuilt by civil air defense projects. According to the Ministry of Construction's "Calculation Rules for Allocation of Commercial Housing Sales Area and Public Building Area", the basement as a civil air defense project is not included in the public building area, nor is it allocated. Based on the importance of civil air defense projects, general property rights cannot be registered as all developers. Developers have the right to use, but not the right to buy and sell.

(2) Parking spaces in the pool area. This kind of parking space belongs to all owners of the community and belongs to the inherent facilities of the community. Developers have no right to sell or give away. But the reality is that it is very common to buy and sell parking spaces without property rights, which is essentially a kind of leasing behavior.

(3) Parking spaces in open spaces in residential areas. According to the Civil Code, the property owned by the owner * * * is used as a parking space for cars and belongs to the owner * * *. Property owned by the owner includes roads, green spaces and other public places and public facilities within the construction area. This kind of parking space can be rented to the owners by the industry Committee, and the proceeds belong to all owners.

Second, how many years does the title certificate have?

The property right of general parking spaces is 40 years. The service life depends on different land properties. According to Article 12 of the Provisional Regulations of the People's Republic of China on Assignment and Transfer of Urban State-owned Land Use Rights: "The maximum service life of assignment of land use rights shall be determined according to the following purposes:

(a) residential land for 70 years;

(two) industrial land for 50 years;

(three) education, science and technology, culture, health and sports land for 50 years;

(four) commercial, tourism and entertainment land for 40 years;

(five) comprehensive or other land for 50 years.

3. Isn't there a title certificate to buy a parking space now?

No, parking spaces can be simply divided into two types, one is able to do property certificates, and the other is unable to do property certificates.

Therefore, when buying a parking space, you must keep your eyes open and clearly know whether you are signing a motor vehicle parking space purchase agreement, a parking space lease agreement or a right-to-use transfer agreement.

Common parking spaces that can't get real estate licenses can also be simply divided into two types. One is the parking space that has been included in the pool area. As long as it is listed in the pool, legally speaking, it belongs to the parking space that can't get the real estate license, because it is shared by all owners. So this kind of parking space can be rented without buying property rights.

The other is a civil air defense parking space. Civil air defense parking spaces are different from other parking spaces and have their own particularity. Because the area occupied by civil air defense parking spaces belongs to civil air defense projects, and civil air defense projects belong to civil air defense projects, according to relevant regulations, national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement, as a civil air defense project, is not included in the public building area. Therefore, civil air defense parking spaces do not belong to developers or all owners, and such parking spaces cannot be purchased.

Legal basis: According to Article 273 of the Civil Code, the owner shall enjoy rights and undertake obligations for the part other than the exclusive part of the building; You may not fail to perform your obligations on the grounds of giving up your rights.

Article 275 of the Civil Code stipulates that the ownership of parking spaces and garages planned for parking cars within a building division 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 of the Civil Code stipulates that the planning of parking spaces and garages for parking cars should first meet the needs of owners within the building division.