Is the property right period of parking spaces also 70 years?

Buying a car after buying a house seems to be one of the plans of many families, but a car must have a parking space. How much do you know about the property rights of parking spaces in residential areas? In recent years, the property rights of parking spaces have attracted the attention of buyers. Over the years, there have been more and more vehicles, and parking has become a common social problem. While doing the housing business, the developer started the business of parking spaces. Therefore, a large part of people will have the following doubts: is the property right of parking spaces the same as that of houses? This article takes you to talk about the length of parking space property rights.

1. What is the essence of parking space property rights?

After handling the property right certificate, the property right of the parking space has an infinite time as a property right, but the land use right where the parking space is located has a service life limit, which is as long as the land use right where the parking space is located. Therefore, it is necessary to check the developer's "Land Use Right Certificate" and confirm the land use period obtained by the developer. However, according to the Property Law, the residential land will be automatically renewed after the expiration of the service period, so there is no need to worry about the service life of the parking space.

However, the sale of parking spaces without property rights is actually a kind of leasing behavior. This sales contract is essentially a parking space lease contract. 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 parking space (garage) that consumers can rent (that is, what we usually call the right to use sales) has a maximum period of only 20 years, and then it is not protected by law. When the owner signs the contract, the most important question to consider is to ask "the number of years".

2. How to handle the parking space property right procedures?

At present, if the parking space has a pre-sale permit, the owner of the parking space can apply for the Property Right Certificate after signing a formal commercial housing sales contract with the developer and going through the filing procedures. Handling the property rights of first-hand and second-hand car parking spaces is the same as handling the house property right certificate.

According to the relevant regulations, as long as it is a parking space with independent property rights, if it is first-hand, it can be purchased from developers through mortgage loans, but compared with ordinary mortgages, its mortgage threshold is higher. At present, used car parking spaces cannot be mortgaged. However, although, like houses, first-hand parking spaces can also be purchased by mortgage, major banks are not actively developing and promoting this business, especially the mortgage procedures for first-hand independent parking spaces, and almost no banks are willing to take over.

3. Can parking spaces be bought and sold?

Whether parking spaces can be sold or not, the most direct criterion is whether there is a property right certificate or a pre-sale permit: if there is no property right certificate, then parking spaces are not allowed to be sold. If the developer sells the parking space without the property right certificate or pre-sale permit to the buyers, then the buyers will finally get only a contract, not a certificate of ownership. This is a transaction that is not protected by law.

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 profit from rebuilding the garage of civil air defense project belongs to all owners.

The original intention of buying a car is to facilitate travel and improve the quality of life. Cars are already consumables. Is it really worth spending the same or more money to buy a parking space? I think this issue needs to be carefully weighed by buyers.

(The above answers were published on 2017-01-16. Please refer to the actual situation for the current purchase policy. )

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