The proportion of private cars is gradually increasing, and the problem of difficult parking is gradually obvious. Do you want to give the car a "home" when buying a house? How to buy a parking space?
There are two kinds of parking spaces:
1. Property parking space
Parking spaces are the same as real estate. The real estate certificate is permanent, while the land certificate has a time limit. The Property Law stipulates that the residential land will be automatically renewed after the expiration of the use period, and there is no need to worry about the service life of the property parking space. In some areas, parking space property rights and real estate property rights are registered together, not separately issued, while in some areas, they are handled separately.
2. Right to use parking spaces
The sale of parking spaces without property rights is essentially leasing. 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. " That is, the longest period for consumers to rent parking spaces (garages) can only be 20 years, after which they are not protected by law. When the owner signs the contract, the most urgent consideration is to ask "the number of years". If something really goes wrong, it can only be solved through litigation.
Buying a parking space without property rights is risky.
In fact, the so-called "parking space sales contract" signed by the owner and the developer with a cost of more than 100,000 yuan can only be regarded as a long-term lease agreement. In case of unpredictable circumstances such as natural disasters, the parking space no longer belongs to the owner. In addition, once you encounter problems such as community demolition, parking spaces without property registration will definitely not be compensated for demolition. Although the developer claims that the owner can freely transfer the right to use the parking space after purchase, the price is self-determined, but the property can also be registered for change free of charge; However, there is always great risk in the parking space transaction without the right transfer certificate.
These parking spaces cannot be bought or sold.
1, above-ground parking space
Article 74 of the Property Law also stipulates that the construction area
In the designated area, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease. The above-ground parking space sold by the developer belongs to the vehicle parking area within the planning scope.
The developer and the owner clearly agreed 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 spaces. If the residential area was not planned at the beginning, it will be planned later.
Parking spaces are not allowed to be sold and belong to all owners of the community.
2. There is no agreed underground parking space.
In the housing sales contract, the developer must declare that the property right of the underground parking space in the community is transferred separately and will not be sold with the house. If there is no similar written explanation, the underground parking space should also be owned by the owner, and the proceeds should also be owned by the owner.
3. Shared underground parking spaces.
When selling the house, the area of the underground parking space has been allocated to each owner (this depends on the contract), and the money has been collected in proportion. If you sell such an underground parking space to the owner, you will be collecting money repeatedly. This kind of underground parking space can't do the title certificate, and it belongs to all the owners of the community. Strictly speaking, it belongs to the community.
4. Civil air defense projects are prohibited from being sold by developers.
Some underground parking spaces are civil air defense projects. The so-called civil air defense project refers to the underground protective building built separately to ensure personnel shelter, civil air defense command and medical rescue during wartime. They are mandatory buildings required by the state, and developers are prohibited from selling them. According to the current laws and regulations on community planning, the land used in the community, the parking spaces and garages included in the pool area belong to all owners of the community, and developers or property management companies have no right to sell them. Therefore, the proceeds from rebuilding the garage by civil air defense projects belong to all owners.
(The above answers were published on 20 17-06-07. Please refer to the actual purchase policy. )
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