Can the right to use the second-hand housing parking space be transferred?

The agreement on the transfer of parking space use right is valid and legal.

Although the parking spaces in general residential quarters are included in the pool area calculation, that is, they are not owned by any individual, but by all owners of residential quarters. So it is impossible to apply for a property right certificate.

However, the second paragraph of Article 74 of the Property Law stipulates: "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." The Property Law recognizes that parking spaces in residential areas can be used as the object of independent transactions, and they also have the right to sell and rent through agreements. Therefore, the agreement on the transfer of parking space use right is effective.

The specific location of the parking space must be clearly written in the signed agreement, and the transferor must give proof of the right to use the parking space. At the same time, it should also be noted that according to the contract law, the lease term cannot exceed 20 years at the longest, so when writing the agreement, the lease term exceeding 20 years cannot be written out. So when writing an agreement, don't write a term of more than 20 years. The right to use for more than 20 years is not protected by law and is invalid.

The content of this article comes from: toilets, halls, foyer, stairs by building industry press.