Is it legal for the owner to sublet the parking space?

Legal. It is very reasonable for community owners to realize the optimal allocation of resources and meet the interests of different people through self-regulation. The second is legal. The property company rents the parking space to the owner, and the owner sublets it to other owners in the community during his own lease period. If the law does not explicitly prohibit it, it is legal.

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.

The owner can't transfer the right to use the parking space privately, because the right to use the parking space is not the ownership of the parking space, and the parking space can only be transferred if it is the ownership. The general standard of ownership is the ownership certificate of parking space.

If there is no parking space ownership certificate, such a parking space cannot be transferred, and such a transaction has no legal effect. Even if a deal is reached, it is not protected by law.

However, it is illegal to transfer parking spaces that have no property rights but only the right to use, such as parking spaces that have occupied the common area of the community, and have encroached on the interests of other owners.

When other owners want to transfer the right to use the parking space privately, don't accept it. They should buy parking spaces through legal channels, which can not only ensure their own interests, but also reduce economic losses.

legal ground

People's Republic of China (PRC) Civil Code

Article 275 The ownership of planned parking spaces and garages 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 Parking spaces and garages planned for parking cars within a building division shall first meet the needs of the owners.