The Civil Law stipulates that parking spaces are only for sale, not for rent.

It is illegal to sell or not rent parking spaces, which violates the legislative purpose of "Parking spaces first meet the needs of owners" in the Property Management Regulations and the Civil Code. This behavior is equivalent to forcing the owner to buy in disguise, depriving the owner of the need to use the parking space. Therefore, it is illegal to sell parking spaces without renting them.

According to the general legal model, the "ownership" of parking spaces and garages is the right of developers, and whether they are willing to rent or sell them is the right of developers. However, under the special real estate development mode in China, the "property right" of parking spaces has its particularity. Developers get the land use right from the government, and after building houses, they sell them to the owners according to the area, which forms a complex building ownership: the owners own the exclusive parts such as houses and business houses in the building, and the parts other than the exclusive parts have the right to jointly manage with * * * *. Differentiated ownership of buildings means that the owner not only owns the exclusive part of the building, that is, the real estate registered with the real estate license, and enjoys absolute ownership, but also has the right to own and manage part of the community, which is not only a kind of ownership, but also a kind of membership right and public management right based on property.

Whether it is legal for developers to sell parking spaces without letting them, we must first clarify the nature of parking spaces. Property rights of residential parking spaces are complex, some are owned by developers, some by owners and some by the state. At present, there are mainly three kinds of parking spaces in residential areas: parking spaces and garages planned for parking cars in building divisions; In the non-construction area, occupying the parking spaces where the owners have roads or other places to park their cars; Civil air defense garage or parking space.

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. Parking spaces and garages are important auxiliary facilities for community owners to live together, and they belong to supporting facilities in nature. But this does not mean that parking spaces and garages are subordinate to special residential parts, because parking spaces and garages are relatively independent. It shall be agreed upon by the parties through sale, bonus or lease. In practice, the practice of renting without selling or selling without renting does not violate the law.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 275 of the Civil Code, 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 344 The owner of the right to use construction land shall have the right to possess, use and profit from the land owned by the state according to law, and shall have the right to use the land to build buildings, structures and ancillary facilities. Article 345 The right to use construction land may be established on the surface, above ground or underground of the land.