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What are the "other places" in the third paragraph of Article 74 of the Property Law?
When the developer sells the house to the owner, he also transfers the right to use the corresponding construction land to the owner. The construction land use right area corresponding to the owner's house is not limited to the construction land area occupied by the building itself. For example, if a developer develops a house on 50,000 square meters of construction land, including 20,000 square meters of green belts and roads in the community, and builds 30 buildings on the remaining 30,000 square meters of construction land, then the right to use the construction land enjoyed by all the owners of these 30 buildings is not limited to 30,000 square meters of construction land, but 50,000 square meters of construction land in the whole community. Among them, the term of construction land occupied by 30 buildings in the construction industry is "building base", while the other 20,000 square meters of construction land is "affiliated base". After the owner buys a house, he obtains the right to use the construction land in the community. All the owners have the right to use all the construction land in the community by shares. The right to use construction land obtained by each owner only refers to the share, not a piece of construction land with clear boundaries in reality. The building base and affiliated base are jointly owned by all owners. In addition to trees, flowers, squares and roads, some ground parking spaces will be planned on the affiliated bases, which belong to "other venues". With the increase of occupancy rate, there are more and more vehicles, and squares and lawns may be transformed into new parking spaces, which also belong to "other venues". In a word, all parking spaces on the affiliated base belong to "other venues" as stipulated in Article 74. So are "other venues" limited to affiliated bases? Can the construction base become "other venues"? This aspect is controversial. I think the construction base can also be "other venues". Many people may hold different views. Let me talk about my reasons. Here I introduce a concept, floor area ratio, the so-called "floor area ratio", which refers to the ratio of the total construction area of a community to the land area. If you calculate the floor area ratio and share the corresponding area share of construction land use right, you can register the property right, but you can't calculate the floor area ratio and share the corresponding area share of construction land use right, so you can't register the property right. Your legal rights depend on the construction area where the floor area ratio is calculated. Wang Zejian, a well-known civil jurist in Taiwan Province, believes that the construction area that does not calculate the floor area ratio is subordinate to the construction area that calculates the floor area ratio. In the current real estate legal system, the overhead floor generally does not calculate the floor area ratio, does not share the corresponding construction land use right area, and cannot register property rights. Its rights can only be attached to the construction area for calculating the floor area ratio. According to Wang Zejian's point of view, the overhead floor without calculating the floor area ratio belongs to the whole building. The parking space on the overhead floor is essentially the right to use the construction land owned by the owner, because the construction land belongs to all the owners, and the parking space on the overhead floor also belongs to the owners of the whole building. The parking space on the overhead floor is set above the building base, so the "other sites" mentioned in Article 74 of the Property Law should also include the building base. At this point, some people have to say that according to the above theory, the construction area of underground parking spaces is not calculated according to the current real estate legal system, nor is it the allocation of the use area of construction land. Underground parking spaces should also belong to "other venues". In 2003, the Gulou District Court of Nanjing made a unanimous decision, and the underground parking space of Xinghan City Garden was awarded to all community owners. The basis of the judgment is that the use area of the residential construction land has been allocated to all owners, and the right to use the residential construction land is enjoyed by the owners of the residential community. The developer no longer enjoys the right to use the residential construction land, so he cannot enjoy the ownership and control of the buildings on the construction land. However, after the implementation of the property law, this precedent became debatable. Article 136 of the Property Law stipulates that "the right to use construction land can be established on the surface, above ground or underground of construction land. The newly established construction land use right shall not damage the established usufructuary right. " According to this regulation, the right to use construction land can be established on the surface, above ground and underground respectively, that is to say, although the floor area ratio is not calculated, the underground garage is not attached to the surface and above ground right to use construction land, but allocated to the underground right to use construction land. After the developer sells the house to the owner, it only transfers the surface and above-ground use rights of the construction land, excluding the underground use rights. So I don't think underground parking spaces belong to all owners. In the current practice, although the floor area ratio of underground parking spaces is not calculated, you can still apply for the title certificate. In Beijing, you can issue the house ownership certificate in a separate underground parking space or merge it with the purchased commercial house. In Guangzhou, individual underground parking spaces can issue real estate ownership certificates; At present, Dalian cannot handle the corresponding title certificate for a single underground parking space, but it can issue the title certificate for the entire underground garage for developers.
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