How does the Civil Code stipulate parking spaces in residential areas?

Provisions on underground parking spaces in the Civil Code of 2022;

1. The ownership of planned parking spaces and garages shall be agreed upon by the parties through sale, gift or lease, which means that developers and owners are allowed to determine the ownership of garages through the agreed way. Whether the property right of the underground garage is stipulated in the commercial housing sales contract, if there is an agreement, it shall be judged according to the following criteria;

2. Is it included in the pool area? If the underground garage is included in the pool area of the owners, the area of the underground garage is included in the construction area of the commercial housing purchased by the community owners when they purchase the commercial housing. At this point, the property right of the underground garage should belong to all owners. If the underground garage is not included in the pool area, the property right of the garage belongs to the developer.

Roads within the building division belong to the owner, except those belonging to urban roads. The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner. Within the building division, the ownership of parking spaces and garages planned for parking cars 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. In the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 275 The ownership of the parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned 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.