There are parking spaces in the community, both on the ground and in the open air and underground. Many owners do not have a comprehensive understanding of parking spaces. Who owns the property rights of these parking spaces? If there are parking spaces for sale in the community, is it worth buying? Today, let's talk about whether we should buy a parking space or not!
Who owns the property right of parking space in the community?
1、 Open ground parking space
Such parking spaces belong to all owners. The specific location of each parking space is mainly determined by marking. Since the land use right of the community belongs to all owners, the developer has no right to sell open aboveground parking spaces. This kind of parking space can be leased to the owners by the industry committee authorized by the owners' assembly, and will be included in the community maintenance fund after deducting the necessary expenses.
2、 Underground parking spaces (garages) belong to 'civil air defense works'
The ownership of this kind of parking space is controversial in judicial practice. According to the civil air defense law of the people's Republic of China, civil air defense projects are used and managed by investors in peacetime, and the income belongs to investors. Civil air defense project is a compulsory supporting project of the state, which is prohibited to be sold by developers, and its usufruct belongs to investors.
If the construction cost of the civil air defense project has been apportioned to the purchase price of the ground commercial housing, the construction cost of the civil air defense project has actually been borne by all the owners with the sales of the commercial housing and the completion of the owner's purchase, and the income should belong to all the owners, otherwise it belongs to the developer.
3、 The construction area of underground parking space (garage) is not apportioned
This kind of parking space can be sold, but if there is no agreement, it belongs to all owners. If the construction area of the underground parking space (garage) is not apportioned, and the developer obtains the garage property right alone (if the property right cannot be handled, of course, it is prohibited to sell, belonging to all owners), the developer can sell the property right to the buyer, but the underground garage can only be pre sold to the pre purchasers of commercial houses within the community. That is, if the owner and the developer have no special agreement on the underground garage owned by the developer in the housing sales contract, the garage shall also be jointly owned by the owner, and its income shall also belong to the owner.
4、 The construction area of underground parking space (garage) has been apportioned
Such parking spaces belong to all owners. If the area of underground parking space (garage) has been shared by the community owners as a shared area, the developer has no right to sell. This kind of underground parking space (garage) belongs to all community owners. Strictly speaking, it belongs to the supporting facilities of the community. The community industry committee can entrust the property company to rent it to the owners for use. The rental income is included in the community maintenance fund after deducting the necessary management costs.
Community parking space, buy or not?
1、 In the following cases, you can consider buying
1. The occupancy rate of the community is high, the population density is large, and the parking space ratio is low, so you can consider buying it;
2. If the house belongs to the school district room, you can consider buying it, because usually the occupancy rate of the school district room will be relatively high;
3. If many houses in the community are large, that is, the demand for improved housing is the main demand, then the parking space can also be considered to buy, because usually the families who buy such housing may have more than one vehicle per family;
4. The parking space pricing is reliable. If compared with other communities in the same region, the parking space pricing is not so scary, you can consider buying it;
5. In order to get rid of the house in the future, you can consider buying a fixed parking space;
6. Want to spend money to buy a down-to-earth, buy a good position, the above four items can not be considered, if you have money, you can buy it;
7. The community is very pit. The parking space is' only for sale but not for rent '. The cost of temporary parking is calculated at 10 yuan / hour. In this case, you can only buy it.
2、 In the following cases, you can consider renting instead of buying
1. Whether the occupancy rate of the community is sufficient or not, as long as you can rent and have vacant seats, you don't have to buy;
2. High pricing is outrageous. People with a clear eye can see that developers make money for huge profits and can't buy it;
3. Be more realistic. If you don't have enough money on hand, don't invest too much in consumables. Rent if you can.
If you choose to rent a parking space, it is recommended that friends who have a car should rent it as long as possible. For example, the rent can be paid every six months or every year. That is decisive. After all, let's be realistic. Sometimes it's not a question of whether you give money, but a question that doesn't exist at all.