Does the property have the right to rent out above-ground parking spaces?

Property owners of residential ground parking spaces have no right to rent. Because according to the law of our country, the parking space that occupies the road owned by the owner or other places for parking cars belongs to the owner. The property has no right to rent separately without authorization.

What if the property changes the parking space privately?

1. If the owner really needs to change the use of public buildings and facilities according to law, he shall inform the realty service enterprise after going through the relevant formalities according to law;

2. If the realty service enterprise really needs to change the use of public buildings and facilities, it shall be submitted to the owners' meeting for discussion and approval, and the owners shall go through the relevant formalities according to law;

3. The owner's representative can sue the property management company to stop the infringement, remove the obstruction, restore the original state, apologize and compensate for the losses.

Provisions on the ownership of parking spaces in different situations:

1. Parking spaces occupying * * * part of the ground belong to management facilities.

The Property Law stipulates: "Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner." This is because the law stipulates that residential roads belong to the owners except urban roads; 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.

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

The reason why the word "similar" is used is because the People's Republic of China (PRC) Urban Real Estate Management Law, which was promulgated in 1994, the Administrative Measures for Urban Housing Ownership Registration, which was promulgated in 1997, and the Housing Registration Measures, which was abolished in 2008, only stipulated the registration of housing ownership on land, but did not clearly stipulate all kinds of real estate.

However, this situation is often determined by the land use in the land use right transfer contract and the specific scope of use in the planning and design. For example, the courtyard parking space in the villa area, the garden parking space in the ground floor building, the underground parking space connected with the duplex building, and the conjoined car parking space. Moreover, this kind of parking space development and construction unit explained or expressed the buyers and interested owners before construction or in the sales contract.

According to the requirements of Item (2) of Article 20 of the Measures for Housing Registration, "The house applying for initial registration is consistent with the planning certification materials submitted by the applicant", it can be registered as an ancillary facility with a specific exclusive part. When the development and construction unit is initially registered, it shall be recorded in the register and marked on the house ownership certificate, and cannot be registered as an exclusive part. Moreover, this parking space should be transferred together with the ownership of the exclusive part of the house and cannot be transferred separately.

3. The parking spaces that meet the statutory requirements in the above-ground and underground garages are the exclusive parts to distinguish ownership.

The independence of 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, independent use and a clear and unique number (building number and room number)", which is also in line with the concept of property rights in the Civil Code, that is, "the right holder has direct control and exclusive rights to specific things according to law" and can be registered as the ownership object of a specific owner.

Therefore, for this kind of parking space, the ownership of the exclusive part of the development and construction unit should be initially registered according to the basic unit, recorded separately in the register, and issued the "Property Ownership Certificate". Development and construction units can sell, give away or rent parking spaces in an agreed way according to the property rights provisions of the Civil Code.

For the parking spaces on the ground of the residential area, the owners living in the residential area have no independent qualification to register. At present, China's property law stipulates three situations for parking spaces. The legal concepts of ground parking spaces and underground parking spaces are different, because the underground parking spaces in some communities are purchased by the owners themselves, so it can be said that the parking spaces are their own, but most ground parking spaces are used by the owners themselves.

Legal basis:

Article 275 Ownership of Parking Spaces and Garages in the Civil Code The ownership of parking spaces and garages planned for parking cars within the building division shall be agreed upon by the parties through sale, gift or lease. Those who occupy the roads or other venues owned by the owner to park their cars shall be owned by the owner.