In fact, "having a car and nowhere to go" has become an unspeakable pain for some community owners. Parking spaces that "can't be bought without money and can't be bought with money" have also become a problem faced by many cities. Whether it is a high-end new residential area or an old residential area, the problem of parking spaces is widespread.
Then, before renting or buying and selling parking spaces, let's recognize the multiple characteristics of parking spaces together.
1: What types of parking spaces are there?
With the popularity of cars, parking spaces have almost become a necessity for families, but the disputes caused by parking spaces have also increased. Parking and non-parking are two different choices for car owners. However, not all parking spaces can be bought and sold.
For a long time, the ownership of parking spaces has been complicated, and different types have been derived in reality. According to the director of Jin Jing v. Law Firm, parking spaces are roughly divided into property parking spaces, civil air defense parking spaces and community public parking spaces.
The property right of parking spaces is similar to that of houses, and the property right belongs to developers, but no unit or individual may change the use and status quo. At present, most parking spaces in newly-built residential areas are in underground space.
In contrast, civil air defense parking spaces are a special existence. Civil air defense parking spaces are civil air defense projects built by developers and then transformed into parking spaces. In the use of parking spaces, there is not much difference between civil air defense parking spaces and property parking spaces, which is easy to be confused. General civil air defense parking spaces and property parking spaces are located on different floors of buildings, and some of them are located on the same floor and divided into different areas.
The parking spaces in the public space of the community shall be reconstructed by the developers using the public space of the community owners. In this regard, Wang Yuchen said that there was no parking space in the original planning of the community, but the parking space was rebuilt by occupying roads, greening or other public areas. This is very common in many communities, and most of them are mainly above-ground parking spaces. According to relevant laws and regulations, the property rights of parking spaces in public spaces in residential areas should be owned by the owners.
0030 10 parking space also has relevant regulations. According to Article 275 of the Civil Law, the ownership of parking spaces and garages planned for parking cars within the building area shall be agreed by all parties through sale, gift or lease. Parking spaces for cars on roads or other venues owned by the owner shall be owned by the owner.
Q: What types of parking spaces can be bought and sold?
Wang Yuchen said that property parking spaces can be bought and sold at present. The parking space conforms to the community planning and belongs to the scope of sales license. You can apply for the property right certificate directly if the parking space is complete.
Regarding the price of parking spaces for the sale of real estate, some places are guided by the price administrative department, and some cities have strict regulations on parking spaces when transferring land. For example, in March of 20021year, Greentown won the homestead in Yinzhou District of Ningbo at the highest price of 4295438+0 billion yuan after 168 rounds of bidding. The average selling price of commercial housing blanks in this plot is not higher than 35,400 yuan/square meter, and the highest selling price of parking spaces is not higher than 250,000 yuan/piece.
Market pricing is practiced in some places. Among them, the price of Beijing property parking spaces is determined by the market. At present, in Beijing, the price of parking spaces in residential areas with good location and high grade exceeds one million yuan, with an average parking space of about 300,000. In addition, in the core areas of Shanghai, Guangzhou and other cities, the price of parking spaces has also discouraged many owners.
Q: How to identify the parking spaces of the property that can be bought and sold?
Before buying a parking space, it is a difficult problem to identify the property parking space because of information asymmetry. In Beijing, the most direct way is to go to the website of Beijing Municipal Commission of Housing and Urban-Rural Development to inquire about the pre-sale permit of parking spaces, and there are specific parking spaces.
In Guangzhou, such information can also be found on the website of Guangzhou Housing and Urban-Rural Development Bureau. In fact, like houses, developers need to publicize legal procedures when selling parking spaces. For example, the Civil Code stipulates that if a developer intends to transfer parking spaces and garages, it shall publicize and notarize the parking spaces and garages to be transferred in prominent positions such as entrances and exits and bulletin boards within the building division, and the publicity period shall not be less than 7 days. Moreover, it is necessary to clarify the time and method of sale and the price of each set of parking spaces.
Therefore, just like buying a house, the owner can ask the developer to provide relevant documents such as the Administrative Measures for Rental and Sale of Parking Spaces and Garages in Guangzhou Real Estate Development Projects and the State-owned Land Use Certificate, in which the pre-sale permit for commercial housing includes information such as residence, operation and parking spaces.
Q: Are there any restrictions on the transfer of property parking spaces?
Generally speaking, when an owner transfers a commercial house, he can transfer the parking space of the property together or separately, but there are restrictions on the receiver of the parking space.
According to Wang Xuedan, an associate professor at the School of Law of Guangdong University of Finance and Economics, Article 276 of the Pre-sale Permit for Commercial Housing and the Property Law stipulates that parking spaces and garages planned for parking cars in building areas should first meet the needs of owners.
The restrictions on the transfer of property parking spaces in various places are to ensure the normal parking of residents in the community. Among them, the Civil Code issued by Shanghai in September 20021shows that if the parking space needs to be transferred, the transferee should be the owner in the property management area and may not be transferred to any unit or individual outside the property management area.
On May 23rd, 20 19, Guangzhou issued the Regulations of Shanghai Municipality on the Management of Motor Vehicle Parking in Residential Property Management Areas, which also mentioned that parking spaces and garages in residential areas should first meet the needs of owners. And the number of car owners purchased is limited. For example, every time you buy a house, you can only buy a parking space or garage accordingly.
According to Wang Yuchen's introduction, some property parking spaces can be purchased together with the house, and the parking spaces sold by developers should also be included in the supervision account. In addition, it should be noted that the procedures for purchasing property parking spaces are the same as buying a house, and deed tax, stamp duty, real estate registration fee and so on are also required.
Q: How long is the lease of the civil air defense parking space?
In addition to property parking spaces, the most common parking spaces on the market are underground civil air defense parking spaces, which are often misunderstood and can be sold. But in fact, most civil air defense parking spaces can't be sold, only the right to use them.
According to the Administrative Measures for Rental and Sale of Parking Spaces and Garages in Guangzhou Real Estate Development Projects, the state encourages and supports enterprises, institutions, social organizations and individuals to invest in civil air defense projects through various channels; Civil air defense engineering apartment
When used and managed by investors, the income belongs to investors.
"The property right of civil air defense parking spaces belongs to the state, but it belongs to' whoever invests benefits' on a daily basis. If the investment cost of civil air defense is not allocated to the owner's purchase price, then the right to use it belongs to the developer, and the developer can use it for daily rental. " Wang Yuchen further stated that if the investment cost of civil air defense is allocated to the owner's house purchase, the right to use it belongs to the owner, and the developer can no longer rent it out, and the income from foreign operation should also belong to the owner. In this case, it is classified as a public parking space.
In reality, many developers rent civil air defense projects to owners in the form of long-term lease. But this kind of lease is also limited. Wang Yuchen introduced that the longest period for consumers to rent parking spaces (garages) can only be 20 years, and the owners need to know this period when signing the contract.
However, there are also some civil air defense parking spaces in individual cities that can be bought and sold. According to Zhang Huadong, the macro chief researcher of Han Yizhiku, some civil air defense parking spaces can be sold due to different local policies. Clear property rights can solve many disputes with unclear property rights.
It is reported that on March 22 this year, Nanning Housing and Urban-Rural Development Bureau announced the Notice on Carrying out the Sales of Civil Air Defense Parking Spaces in Real Estate Development Projects and Real Estate Registration (draft for comments), which proposed that civil air defense parking spaces can be pre-sold and registered for sale with reference to commercial housing. Sales and real estate registration can only be carried out in accordance with the regulations after obtaining the pre-sale permit of commercial housing or filing the current sale. At present, this practice only stays in a few areas, and most areas are still not allowed to buy or sell, but only allowed to rent.
Q: How to achieve "agreed autonomy" in public parking spaces?
According to Wang Yuchen, for public parking spaces, developers have no right to dispose of them, while owners have corresponding right to dispose of them and income.
Article 275 of Part II of the Civil Code also emphasizes that parking spaces that occupy roads or other places owned by the owner for parking cars belong to the owner.
In addition, the ownership of public parking spaces is also reflected in local policies and regulations. For example, the Regulations of Shanghai Municipality on the Administration of Motor Vehicle Parking in Residential Property Management Areas mentions that parking spaces in areas other than the original planned parking spaces in residential areas shall not be rented out as fixed parking spaces to specific owners and users. The income from parking the vehicle in the * * * section belongs to the owner who owns the * * * property right.
From the civil code to local policies, parking spaces in public spaces are mentioned. But the contradiction in reality still exists.
In Beijing, due to the limited parking spaces, it is impossible to cover all car owners. Public parking spaces in many communities are non-fixed parking spaces, which are more common in above-ground parking spaces.
According to Mr. Fan (a pseudonym) who lives in Dongcheng District, he lives in an old community built in the 1980s, and there is no underground parking space. Due to the shortage of parking spaces, residents often occupy parking spaces. For example, some parking spaces contain bicycle owners, chairs and other items, while others are not allowed to park. Some old people stand in the parking space to give their children after work. Every time after work, he hurried home just to get a parking space.
In Wang Xuedan's view, many old communities did not foresee the growth rate of vehicles at first, and there was a serious shortage of parking spaces. Who should I give the limited parking space to? How to charge? In this regard, Wang Xuedan believes that this requires the community owners' committee to formulate rules, give full play to the governance ability of the owners' committee, including formulating rules related to parking spaces, and at the same time limit the authority of the property management party to avoid its black-box operation.
According to the owner of a residential area in Nanshan District, Shenzhen, the parking space in the residential area is shared by all the owners, and the owners' committee of the residential area has formulated a parking lot management convention for autonomy. The rent is based on the charges of the surrounding parking lots, and the property management company is responsible for managing the services. The parking lot in residential area is implemented with monthly card system. The specific method is that the owner handles the monthly card. The parking lot is not allowed when it is full. Car owners need to find a parking lot nearby, but they are not allowed to block the entrance and exit. After the termination of the new monthly card in the community, the application materials for the new card are still accepted and the queuing strategy is started. Once a vehicle retires or returns automatically, they can stand by and watch. At the same time, the parking lot management convention also stipulates the punishment for owners who violate the contract. For example, if the vehicle fails to stop at the stop line for three times or occupies more than two parking spaces or blocks the passage or vehicle, the property may give a warning, and the defaulter may copy the parking convention, lock the car, tow it away, cancel the monthly card qualification and refuse to enter the parking lot again.
However, it is worth noting that there are not many communities that can make their own. Wang Xuedan said that in many communities, it is difficult to set up industry committees, hold meetings and vote. Although there are relevant provisions in the Civil Code, the implementation effect needs to be tested by practice.
Q: What problems should we pay attention to when giving away and "bundling" parking spaces?
"Free parking space" and "1 1,000 yuan parking space"? This is a stunt launched by developers to sell houses. What needs to be clear is whether such a parking space is a property parking space or a civil air defense parking space with only the right to use. The buyer must confirm with the developer. Transfer of the right to use, can not apply for property certificates; If the gift is a property parking space, you can apply for a property certificate. In addition, if the developer gives a public parking space, it will lead to future conflicts, because the developer has no right to deal with public parking spaces.
In fact, many projects have sold out their houses, and there are still a lot of parking spaces in their hands, which leads to the precipitation of funds, which leads to the long-term inability to cash in the project profits, which is not conducive to the developer's capital turnover, and it is even more difficult to balance the financial costs. Therefore, developers use low-priced parking spaces to attract buyers when selling houses.
In addition to free parking spaces, we should also be alert to the high price of some parking spaces. Yan Yuejin, research director of the think tank center of Yiju Research Institute, said that in recent years, some projects have little profit margin for housing enterprises due to price limits and other reasons, so the price of bundled sales and parking space rental is higher, which is actually more or less related to the "disguised profit" of housing enterprises.
At present, parking space sales are also an integral part of the total profit of real estate sales. Many new projects can only cover the development cost after residential sales, and some can't even cover the cost. The real profit lies in the final supporting facilities, such as parking spaces. Therefore, in order to speed up the withdrawal of funds, some projects use the way of bundling parking spaces with residential buildings, which is tantamount to increasing the purchase cost of owners in disguise.
In the face of repeated bundling sales, in July 20021,the Ministry of Housing and Urban-Rural Development issued the Notice of the Ministry of Housing and Urban-Rural Development and other eight departments on continuously rectifying and standardizing the order of the real estate market, in which the behavior of developers bundling parking spaces and storage rooms is still the focus of rectification.
202 1 12 The Measures for the Supervision and Administration of Housing Transactions in Guangzhou revised and promulgated by the Guangzhou Municipal Government also mentioned that it is forbidden to collect fees in various names, to raise prices in disguised form in the name of decoration fees, and to force buyers to buy parking spaces and accept decoration.
Q: Can developers "only sell but not rent" parking spaces?
At present, the dispute over the pricing of parking fees in new residential areas is more prominent. According to the principle of "whoever invests benefits", the right to dispose of underground parking spaces belongs to developers, which also means that developers have the right to determine prices, which also gives developers the confidence to "price".
However, from the actual situation, a considerable number of owners have no plans to buy parking spaces. After all, buying a parking space just after buying a house is a heavy burden for some families. Therefore, parking spaces have become the choice of many families, but "only selling without renting" has become a parking problem in some newly built communities. In Beijing, a residential area was interviewed by the administrative department for "selling only without renting".
Not only in Beijing, but also in many parts of the country, there is a situation of "only selling without renting". For this reason, Shanghai has clearly stipulated since last year that the unsold parking spaces of construction units should be leased to owners and users to park their vehicles, and they should not refuse to rent them on the grounds of "only selling without renting".
The Weifang Property Management Regulations, which came into effect this year, stipulates that if the owner requests to rent unsold or donated parking spaces and garages, the construction unit shall not refuse to rent them on the grounds of "only selling but not renting".
In addition, Foshan and other places require developers to "rent and sell parking spaces at the same time". When applying for pre-sale of commercial housing, it is necessary to specify the price of selling and renting parking spaces.
On the whole, the current shortage of parking spaces is the core of various contradictions. In recent years, the proportion of parking spaces has been continuously increased in various places. In March this year, Qingdao raised the allocation standard of new residential quarters, adjusted the lower limit of residential categories from 1.0 parking spaces per household to1.65,438+0 parking spaces, and adjusted the parking spaces of affordable housing and dormitories to/.65,438+0 parking spaces per 100 square meters, thus alleviating the problem of insufficient parking spaces in residential quarters.
In order to alleviate the difficulty of parking, many places put forward that parking spaces should be open to the public, requiring all kinds of public buildings to meet the conditions of opening to the public and enjoy resources. In addition, parking spaces in non-public buildings are encouraged to be open to the public.
As a supporting product of housing, parking spaces have experienced a period of barbaric growth in the past. In Wang Xuedan's view, the parking space problem is a difficult problem left over from history, and the core problem is "more porridge". At present, there is no perfect legal solution. It is not realistic to increase the supply of parking spaces on a large scale. Only under the existing circumstances can the ownership and use rights of parking spaces be allocated according to fair and just standards to improve the efficiency of use.
Related questions and answers: How much is the monthly parking loan of 654.38+ 10,000 yuan? If the parking space is 65,438,000 yuan and the interest rate is 6,4%, the monthly loan will be 65,438+000,000.00 yuan in May and 65,438+0,9565,438+0.93 yuan in June.
Related questions and answers: 654.38+ 10,000 yuan to buy a parking space, or to pay the mortgage? You have a deposit, which proves that you have no pressure to repay the loan.
Whether you buy a parking space or not, I don't advise you to pay the mortgage. Your loan is not high, plus inflation, think about your 10 million yuan before and your 10 million yuan now, and you will know the difference between your future 2600 yuan mortgage and your current 2600 yuan mortgage. Therefore, you should not pay back the 2600 yuan mortgage in advance.
If the house in your neighborhood is easy to change hands, buy a parking space, which will increase with the value of the house, but if your house is not easy to sell, I suggest you not to buy a parking space.
It is better to keep this money for financial management, as long as it can beat inflation, it will be earned.