Is the underground parking lot used by the owner or owned by the developer?

1. For the planned underground garage, Article 74 of the Property Law stipulates: "The ownership of the parking space planned for parking cars within the building division shall be agreed by the parties through sale, gift or lease." This provision has essentially recognized the original ownership of the planned garage parking space by the developer.

2. Unplanned parking garage. Article 74 of the Property Law clearly stipulates: "Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner."

If you want to apply for the property certificate of the parking space, it must first be a proprietary part, not in the pool of the community owners. The above-ground garage must be an independent garage, separated by walls, with a height of up to 2.2 meters; The use of underground parking spaces and overhead floors, etc. As a parking space, there must be a clear boundary point (the boundary point between parking spaces), the height of which is more than 2.2 meters, and it can be used as a parking space after planning approval before obtaining the property right certificate.

Extended data:

The first paragraph of Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings, concerning "specific spaces such as houses, parking spaces and booths that meet the following conditions within the scope of building division, shall be recognized as proprietary parts as mentioned in Chapter VI of the Property Law:

(1) is structurally independent and can be clearly distinguished;

(two) independent use, can be used exclusively;

(3) It can be registered as the ownership object of a specific owner ",and the parking space involved cannot be registered as a property right or become an exclusive part, which is essentially a land use right.

After the developer sells the commercial house to the owner, the land use right within the construction area belongs to all owners, so the above-ground parking space belongs to the owner's land use right, and its rights and interests belong to all owners.

Basements built by developers can also be divided into two categories:

One is the ordinary basement, which is directly indicated in the planning and construction, and this part can be used as a garage parking space, which can be owned and sold to the owner;

The other basement belongs to the air defense basement, and this construction standard will be higher. Some developers don't build air defense basements, so they have to pay the national construction fee for air defense basements, and then build them in another place.

Therefore, the basements built by developers are divided into two categories. If the civil air defense basement is built by a developer, the ownership should belong to the developer.

The so-called underground parking space in residential quarters refers to the parking space built by developers using underground space. In today's society, under the competition of market economy, the demand for land is expanding day by day, and many developers have to develop above-ground and underground spaces.

Under the current legal system of real estate management in China, the construction area of underground parking spaces in residential quarters is generally not calculated (the so-called "floor area ratio" refers to the ratio of the total construction area to the land area of a community.

For developers, the plot ratio determines the proportion of land price cost in housing, while for residents, the plot ratio is directly related to the comfort of living. ), that is, the parking space has not obtained the corresponding share of land use rights.

In other words, the land use right area of this community is completely shared by the above-ground buildings (that is, housing units), and the underground buildings become the part that does not share the land use right area.

According to the theory of Property Law, the building whose plot ratio is calculated is the main object, and the building whose plot ratio is not calculated is the subordinate object. At this time, the underground parking lot has become a subordinate of the above-ground building and belongs to the owner (the above-ground building), that is, all the owners.

Therefore, 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. At the time of initial registration, the underground parking space in residential quarters cannot obtain independent real estate rights according to law, and its legal rights are attached to the building whose floor area ratio is calculated.

In other words, the property rights of underground parking spaces in residential areas should be enjoyed by the owners of the residential areas, and developers or property companies have no right to dispose of them without authorization. Of course, with the consent of the owners' meeting, developers or property management companies can rent parking spaces according to the authorization of the owners' meeting, and the rental income belongs to all owners to make up for the property management expenses.

At the same time, the user of the parking space must pay the custody fee to the property company that provides custody services. However, from a national perspective, there are also some places that stipulate that the construction area of some underground parking spaces is calculated as the building floor area ratio, that is, the underground parking spaces are built according to the planned use specified in the construction land planning permit, and should be included in the construction area of the whole plot like the above-ground buildings.

So this kind of parking space can have independent property rights. For example, according to Beijing's regulations, this kind of underground parking space can issue the house ownership certificate separately, or it can be merged with the purchased commercial housing to issue the house ownership certificate. The developer of this underground parking space has the right to sell or rent it. Although the owners who own property rights through the sale do not have to pay parking fees, they should still pay property management fees or vehicle care fees on schedule.

People's Network-Who owns the property right of the underground garage of the owner or developer community?

People's Network-Who owns the property rights of underground parking spaces in residential areas?