Is it legal for Nanxiong Ding Yu Real Estate Development Co., Ltd. to buy parking spaces without property rights?

This kind of parking space without property rights is not protected by the property law. There is no parking space property right, only the right to use it, which is equivalent to spending money and just getting the right to use this parking space. Parking spaces without property rights cannot be bought or sold, but can only be transferred. If the developer sells you a parking space without a property right certificate, then what you finally get is only a paper contract, not a certificate of ownership. According to Article 2 14 of the Contract Law: "The lease term shall not exceed 20 years. For more than 20 years, the excess is invalid. " In other words, the parking space you bought, no matter how long the property promised you at the beginning, has no legal income after 20 years. If you change the property right or sell the parking space to others during this period, there will be a dispute over the parking space, because you only have the right to use it, but not the property right. Even if you go to court, the disappeared person will win.

This kind of parking space without property rights, because there is no property rights, can not get the corresponding compensation when demolition. The only criterion for whether parking spaces (garages) can be bought or sold is whether they can apply for property certificates (or whether they have pre-sale permits). If there is no parking space title certificate, then this parking space is not allowed to be sold. Selling a parking space without property rights is actually a kind of leasing behavior. After the purchase of this parking space, it is actually a rental parking space.

Is it legal for developers to sell private parking spaces without property rights?

According to relevant laws, regulations and jurisprudence, it is generally believed that parking spaces belong to all owners, and developers have no right to sell them if they meet one of the following conditions:

1. The developer has included the construction area of underground parking spaces when calculating the pool area;

2. The developer will include the cost of building underground parking spaces in the cost of residential development;

3. According to national laws or local government regulations, it should be delivered to the owners free of charge, that is, the function of parking spaces as public facilities has been clearly defined in the community planning, and the construction of parking spaces is the legal obligation of developers.

If one of the above circumstances exists, the developer has no right to sell the parking space. Specifically, developers cannot sell parking spaces (garages) without initial property rights. Even if other developers sell in disguise, buyers can't handle all the real estate licenses. When buying such parking spaces (garages), we must be cautious and not listen to the developers' bluff.

If this situation does not exist, then the developer who invests in the construction of underground garage has the exclusive right to use this item and has the right to sell the parking space. At this time, the buyer can ask the developer to provide the parking space sales license issued by the real estate management department or the proof that the parking space issued by the price bureau is not included in the construction and installation costs.

In terms of the ownership registration of underground parking spaces, in fact, no underground parking space can obtain the ownership certificate or use certificate issued by the government alone. They record "other" in the "room type" column of the real estate license, or just mark the location and construction area in the postscript of the real estate license.

1. When the underground parking space is sold as commercial real estate, a sales license shall be obtained first. According to the "People's Republic of China (PRC) City Real Estate Management Law" and the "Regulations on the Management of Urban Real Estate Development and Operation", operating real estate without a sales license may not be sold.

Secondly, Article 74 of China's Property Law only stipulates the ownership of parking spaces in principle: "The ownership of parking spaces and garages planned for parking cars within a building division shall be agreed by the parties through sale, lease or gift. Parking spaces that occupy roads owned by the owner or other venues for parking cars belong to the owner. "

3. If the underground parking space belongs to the civil air defense project, all the proceeds from the parking space shall belong to the investor. China's "Civil Air Defense Law" stipulates: "Civil air defense projects are usually used and managed by investors, and the proceeds are owned by investors." Civil air defense projects are compulsory by the state, and developers are prohibited from selling them. The right to income belongs to investors. If the developer fails to calculate the construction area of the underground parking space according to the pool area of the house for sale, and the cost of the underground parking space is not included in the residential development cost, the developer shall be regarded as an investor, and he will get the income, otherwise the income will be owned by all the owners.

4. Because there are many legal obstacles for real estate developers to apply for sales licenses for parking space buyers, many real estate developers rent parking spaces to owners for a long time by renting them instead of selling them. When signing this kind of contract, the owner should pay attention to the maximum lease term of 20 years stipulated by law. If the maximum lease term is exceeded, the excess part will not be protected by law.