Can the ground parking spaces in the residential area be sold?

Question 1: Can ground parking spaces in residential areas be sold? To tell the truth, both parties who signed the contract for the sale of ground parking spaces lacked legal awareness and understanding. Closed garage (that is, a permanent building surrounded by walls, whether built underground or on the ground) needs to be approved by planning in advance and registered as a saleable building through real estate registration. Only the parking spaces in this garage can be sold and have property rights. Owners have to pay management fees after buying, because the property needs to invest manpower and material resources to manage and maintain, but also consumes energy. Other open parking spaces (such as those formed by marking the ground somewhere in the community) are not allowed to be bought or sold. Because it belongs to the public parts or facilities of the community, the land use right belongs to all owners of the community. Whoever uses it pays (parking fee), part of the management fee charged by the property is deducted, and the rest is included in the community maintenance fund account as public income. It is equivalent to compensation for other owners who do not use this facility.

Question 2: Do residential properties have the right to sell above-ground parking spaces? They are all used by * *. Whether the above-ground parking spaces belong to all owners depends on whether the parking spaces are planned during the construction planning.

If the part to be sold is planned as a parking space, then the developer has the right to sell, give away and transfer.

If there is no planned parking space for the sold part, the developer has no right to sell, donate or transfer the public part belonging to all owners.

The landlord can look at the property management regulations and the property law.

Question 3: Why can developers sell the above-ground parking spaces in my community? After the promulgation of the Property Law, buyers who are car owners will have doubts about the ownership of parking spaces on the ground: doesn't the Property Law say that the ground of residential areas is owned by all owners? Parking spaces built on the ground naturally belong to the owners. Why do developers want to sell again? In fact, this is a misunderstanding of the provisions of the property law. Whether the above-ground parking spaces are owned by the owners has a prerequisite, that is, whether they are parking spaces in the development plan or parking spaces designated temporarily by the developers at will. According to the provisions of Article 73 of the Property Law, roads, green spaces, other public places, public facilities and houses used for property services within the building division belong to the owners, except those belonging to urban public green spaces or individuals. Therefore, if the developer occupies the public * * * area and public * * * roads in the residential area and arbitrarily delimits parking spaces for sale, it is illegal to dispose of them, and the owner can sue the developer to use the proceeds for the owners of the residential area. At the same time, Article 74 of the Property Law also stipulates that 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. That is to say, if the above-ground parking space sold by the developer belongs to the area for parking vehicles within the planning scope, and the developer and the owner clearly agree in the commercial housing sales contract that the area is not included in the pool and belongs to the developer, then the developer has the right to sell the above-ground parking space.

Question 4: Can parking spaces in residential areas be bought and sold? Generally speaking, parking spaces can be simply divided into two types, one is able to do property certificates, and the other is unable to do property certificates. Therefore, when buying a parking space, you must keep your eyes open and clearly know whether you are signing a motor vehicle parking space purchase agreement, a parking space lease agreement or a right-to-use transfer agreement.

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.

Can civil air defense parking spaces be rented? According to the current judicial practice, there are two main views on the lease of civil air defense parking spaces:

Viewpoint 1. Some courts hold that no unit or individual has the right to sell or transfer the property rights and use rights of civil air defense projects, and the transfer of parking spaces for civil air defense projects harms the interests of the state and buyers. Even if both parties sign a parking space transfer agreement, the agreement is invalid.

Viewpoint 2: If it is developed and managed by the developer according to the principle of "whoever invests benefits", the developer can get the rent by renting the parking space for civil air defense, but the use of civil air defense projects must be registered.

Therefore, if you want to rent a civil air defense parking space, you'd better get permission from the civil air defense department first. Moreover, the leased civil air defense parking space may be requisitioned by the * * * department for free due to force majeure such as war and natural disasters.

Finally, everyone should pay attention to the lease term. According to Article 214th of the Contract Law, "the lease term shall not exceed twenty years. More than 20 years, more than part is invalid.

Question 5: Can parking spaces in residential areas be sold? You can buy and sell it … because you bought it yourself … like the real estate license, you have a land certificate … but personally, it is unreasonable. If you buy a house in a residential area, you should have a parking space ... Now our parking space is 300,000, which is more expensive than many cars ... The most annoying thing is that you have a parking space and you have to pay a management fee to the property every month!

Question 6: Can underground parking spaces for civil air defense in residential areas be bought and sold? What do you think of real estate?

There are usually two parking spaces.

A property parking space is certified and filed with the Housing Authority.

The other is the agreed parking space, which is unlicensed and signed by the developer.

There is generally no difference in use.

But in the transaction, the property right is 2-3 times higher than the agreement.

I hope this helps.

Question 7: Who owns the above-ground parking spaces in the community? Do developers have the right to sell? Can only sell underground garages. According to the truth, parking is not allowed on the ground, because developers should not have the right to sell after paying the pool area.

Question 8: Can the parking spaces in the community be sold to outsiders? This is definitely impossible. Parking spaces in residential areas should be bought and sold internally. Have no right to buy it for outsiders.

Question 9: Can underground parking spaces be sold ■ Developers include the cost of building underground parking lots in the overall cost, but sell them at a high price in order to let the owners "pay the bill" for the second time.

■ The Provincial Housing and Construction Department said that underground parking lots are mostly owned by the state and are not allowed to be sold. Only a certain management fee is allowed, and policies will be introduced during the year.

Core tips

In Zhengzhou, an underground parking space of five or six square meters can sell for tens of thousands or even hundreds of thousands of yuan, which is 4 to 5 times more expensive than the house price.

According to the law, the above-ground parking spaces in the public areas of the community are owned by the community owners. Who owns the underground parking space under the residential house? Is there a legal basis for developers to sell underground parking spaces at high prices? Yesterday morning, the provincial CPPCC held a key proposal supervision meeting. The heads of relevant departments of the Provincial Department of Housing and Urban-Rural Development and Yan Qi, a member of the Provincial Political Consultative Conference who has long been concerned about this issue, gathered together to discuss this issue.

The Provincial Department of Housing and Urban-Rural Development promised that relevant policies on the management of underground parking spaces will be introduced this year.

□ Reporter Wang Qian

■ Status quo: Zhengzhou parking spaces are more expensive than rooms, which is a headache.

In recent years, housing prices in Zhengzhou have increased year by year. However, compared with the soaring price of underground garage parking spaces, house prices are a bit far behind. At present, the highest selling price of commercial housing in Zhengzhou is only 1 1,000 yuan per square meter. A parking space of five or six square meters in Zhengzhou can sell for tens of thousands or even hundreds of thousands of yuan.

According to the reporter's investigation, the price of underground parking spaces in newly developed high-grade residential quarters in Zhengzhou is generally high, and the quotation is above 6,543,800 yuan. In Zhengdong New District, the price of underground parking spaces in many high-end residential areas has soared to more than 654.38+0.5 million yuan. The prices of underground parking spaces in several newly-built residential areas, such as Dongfeng Road, Jiankang Road and Jinshui Road, are also between 6.5438+10,000 yuan and 6.5438+0.5 million yuan.

At present, the average price of commercial housing in Zhengzhou is about 5,000 yuan per square meter. If calculated by area, the parking space price is as high as 20,000 yuan to 30,000 yuan per square meter.

Ms. Wang calculated an account: parking in the open air, the parking fee is calculated according to the daily 4 yuan, only one month 120 yuan, less than one year 1500 yuan. 1.5 million yuan parking space, equivalent to overpaying the parking fee of 1.000 years!

■ Status quo 2 There are many parking disputes in the underground idle ground blocking community.

Contradictions and disputes caused by underground parking spaces frequently appear in newspapers. Mr. Fu of a residential area on Changjiang Road told reporters that the average parking space in their residential area is 85,000 yuan, with a maximum of 6,543,800 yuan+0.3 million yuan. They only sell, not rent. The security guards prevented the owner's car from entering and leaving the community, and the owner blocked the door several times.

Yan Qi said that the current number of motor vehicles in Zhengzhou is 6.5438+0 million, and it is increasing by tens of thousands every year. According to a family of three, parking is a big problem involving the interests of 3 million people. "Last year, I went to several communities in Changjiang Road and Xinghua South Street to investigate and found that the vacancy rate of underground parking spaces was very high, and the utilization rate was only about a quarter." Yan Qi said that in sharp contrast to the vacant underground parking spaces, there are too many parking spaces on both sides of the road near the residential area, which not only hinders road traffic, but also affects the image of the city.

■ Question: What kind of underground space belongs to the state-managed developers for sale?

According to the reporter's investigation, most developers with underground parking spaces are justified in selling underground parking spaces. Underground parking spaces seem to be built by developers, as if the right to use and property rights are owned by developers.

Actually, it is not. Yan Qi said that according to China's civil air defense law, the basement belongs to the civil air defense project, and its space ownership belongs to the state. Underground space belongs to the state. Why can developers sell underground parking spaces freely?

Meng, deputy director of the real estate market management department of the Provincial Department of Housing and Urban-Rural Development, explained that the situation is far more complicated than it looks. According to the requirements of the Civil Air Defense Law, in the development of urban commercial housing, developers should build a certain civil air defence works. Invest in the construction of underground space, and in some cases, in the process of transferring construction land, * * * gives land price relief; Some * * * give other preferential treatment; Others are completely built by developers themselves. But in any case, the nature of its civil air defense project is unchanged. According to the regulations, basements that have been designed and built in accordance with civil air defense projects may not be sold. However, the Property Law stipulates that parking spaces and garages can be used by owners and charged a certain fee according to the agreement, provided that the functions of civil air defense are not hindered and the needs of owners are met.

"Allowing developers to charge a certain fee according to the agreed method is conducive to encouraging developers to build more parking spaces and garages, alleviating the demand pressure of parking spaces and garages, and reducing management conflicts on the other hand." Meng said that if the garage and parking space are pressed ... >>