Developer parking spaces are only rented?Provincial Consumer Council helps you to clarify parking spaces

As the number of private cars increases day by day, the problem of "difficulty in parking" is increasingly prominent, and legal disputes caused by it are not uncommon. Recently, a "50 Bentley traffic jam" incident in Shenzhen caused hot discussions on the entire network, and the deep -seated problem of the water surface was the ultimate issue of parking space.

In response to the issue of frequent parking space disputes, the Provincial Consumer Commission and the Provincial Real Estate Association invited professional lawyers in the real estate field to interpret common problems in parking space disputes from a legal perspective, and to popularize professional legal knowledge of parking space disputes for consumers. Question 1 Developer stipulates that parking spaces are "only rent or not" or "only selling only or not renting" legal?

"The property of the parking space right is different, and the developer stipulates that the behavior results of the parking spaces 'only rent and not selling' or 'only sell, only sell, but not renting' will also be different ..." It is understood that the current parking spaces are mainly divided into three types: one is the construction area planning Internal planning is used to park parking spaces or garages; second, non -construction zones occupy a parking space for parking or other venues for parking spaces; third, human -defense garage or people's anti -parking spaces.

Feng Li, a lawyer of Beijing China Bank of China (Chengdu) Law Firm, said that although the property rights are developers planned in the planning of the construction zone, Article 276 of the Civil Code stipulates that "the planning in the building area is used in the planned area for planning for the planning for the planning for the planning. The parking space and garage of the parking of the car should first meet the needs of the owner. " Therefore, if the developer refuses to provide parking services in various names such as "only selling and not renting" or "only renting and not sale", in fact, the right of the owners in the community can use the right to use parking spaces through rental. The people's court requested the developer to rent or sell the vacant parking spaces to the owners in the community.

For non -building parking spaces, in accordance with Article 275 of the Civil Code, "the roads or other venues used by the owner or other venues are used by the owner." Therefore, developers have no right to punish and profit the non -planned parking spaces by "only selling or not renting" or "only renting and not sale".

For human -defense parking spaces, due to the ownership of property rights, developers cannot be sold and can only be rented out, and the lease period is not more than 20 years. Developers are legal to set up "only rent or not" for such parking spaces. Question 2 Developers are legal to sell a large number of parking spaces to the same person or buyers outside the community?

"Its behavior is illegal!" In response to this issue, Jiang Xueping, a lawyer of Sichuan Intels Law Firm, gave a clear answer.

In addition to the provisions of Article 276 mentioned above, Article 5 of the Supreme People's Court on Several Issues of Laws of the Supreme People's Court on the Application of Laws of the Treatment of Buildings "stipulates that" the construction unit shall follow the configuration ratio in accordance with the configuration ratio. If the parking spaces and garage are punished to the owner by selling, attached or renting, etc., it shall be determined that its behavior shall be in line with Article 276 of the Civil Code. Therefore, the developer sold a large number of parking spaces to buyers other than the same person or the owner of the community, infringing the legitimate rights and interests of all owners.

In response to this issue, Li Yan, a lawyer of Sichuan Bo Shen Law Firm, put forward another point of view. She said that when the developer has already publicized the sales of parking spaces through publicity and written informs, if some owners abandon their purchase of parking spaces, they may have idle parking spaces, and developers can dispose of this part of the parking space. At this time, if the owners of the existing parking space are still willing to buy, the developer should also give priority to the owner's needs of the owner according to the actual remaining parking space.

Li Yan emphasized that in the above circumstances, one household may buy multiple parking spaces. That is to say, when the owner's needs have been determined to be met for idle parking spaces, laws and regulations have not prohibited developers from selling parking spaces to buyers other than the community owners, and have not restricted the identity or quantity of the buyer.

Therefore, Li Yan believes that "whether developers have given priority to meet the requirements of the owner" are the core points. As for the requirements of the sales object and the number of sales, they need to be judged in accordance with the actual situation. Question 3 Is the property company the right to rent a public parking space in the community?

Jiang Xueping believes that according to Article 275 of the Civil Code, public parking spaces in the community are owned by all owners. Without the authorization of the owner's meeting, the property management company has no lease rights.

Feng Li believes that if the industry committee reached an agreement with the property management company and the commissioned property management company to manage the parking space, the property company can rent the public parking space, but the cost of deducting the basic cost should be submitted to It shares for the owner and is used for all owners.

Sichuan rule of law all media reporter Liu Wenhui

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