With the increasing number of private cars owned by urban residents, in order to facilitate residents' lives, the construction of parking lots is one of the public facilities when building new residential quarters. So is it legal to buy and sell parking spaces on the ground in residential areas? Let's take a closer look with Bian Xiao.

Is it legal to buy and sell ground parking spaces in residential areas?

1. Whether the above-ground parking spaces in the residential area are owned by the owner or not, you can check whether these parking spaces are in the development plan or temporarily designated by the developer.

2. According to the relevant provisions of Article 73 of China's Property Law, the roads, green spaces, other public places, public facilities and property service houses within the building division belong to all owners, except those belonging to urban public green spaces or clearly belonging to individuals. It is illegal for a developer to occupy the public * * * area and public * * * roads of a residential area and designate parking spaces for sale without authorization. The owner can sue the developer, and the parking space proceeds will be used by all owners of the community.

3. In addition, Article 74 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 buying, selling, giving or leasing. That is to say, if the above-ground parking space sold by the developer belongs to the area where vehicles are parked within the planning scope, and the developer and the owner clearly stipulate in the commercial housing sales contract that the garage 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.

4. Residential area is a relatively closed interval and scope, and parking space is an important supporting facility. According to the law, the ownership of parking spaces in residential areas has the following two situations:

(1) If the underground or above-ground parking space is planned as a parking lot at the time of development, and it meets the technical specification for property right registration, and the development cost does not include the construction cost, and the allocated area is sold to the buyer, then the ownership of the parking space shall belong to the developer. The ownership and income right of the sold parking space belongs to the property owner, and the income of the unsold parking space belongs to the developer company.

(2) For the above-ground or underground parking spaces and aisles for temporary parking in residential quarters, if the relevant construction costs have been included in the development cost or the allocated area, then the developer has recovered the construction costs of parking spaces from the housing sales, then the ownership of parking spaces should be owned by all owners, and the rental income of parking spaces should also be distributed by all owners. Because the rights and interests of parking spaces belong to all owners, the developer company has no right to sell the long-term use right of parking spaces without authorization. As for the parking space income, it should be collected by the property management company, which can be used to supplement the maintenance fund, property management and other expenses to show that it is the same property of all owners.

5. Whether parking spaces in residential quarters can be sold or rented can be analyzed according to the ownership of parking spaces in residential quarters:

(1) When the ownership of the parking space belongs to all owners, neither the developer company nor the owners have the right to sell the parking space. Even the long-term use right of rental parking spaces must be approved by all owners, and the parking space income should be used for the maintenance and management of parking spaces in the community.

(2) When the parking space belongs to the developer company, the ownership of the developer company may conflict with the exclusive rights of the community owners. The developer company thinks that the owner of the community has not bought a specific parking space, so as the owner, he has the right to sell the extra parking space; The owner thinks that the developer's behavior violates the exclusive rights of the residents in the community. Once he owns a private car in the future, he will face a situation where there is nowhere to park, because the parking space planned by the community has already been bought by "outsiders". In order to avoid this embarrassing situation, the developer company will be required to be subject to corresponding restrictions when dealing with parking spaces in residential quarters to ensure that the developer's behavior will not infringe on the legitimate rights and interests of the owners of residential quarters.

Whether the sale of the above-ground parking spaces in a residential area is legal or not can be checked whether the parking spaces are in the development plan or the parking spaces temporarily designated by the developers at will. The above is an introduction to the legality of buying and selling ground parking spaces in residential areas. Friends who want to sell parking spaces can learn more.

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