Residential Garage Parking Spaces Ownership

The 74th article in the Property Law, which is enacted on March 16, 2007, regulates the ownership of garage and parking spaces of the community. According to the law, the owners possess garage and parking spaces on the public road and other sites, for the sake of the owners of the community, while the party agrees the ownership. In addition, the owners enjoy the right of priority of garage and parking spaces, that is garage and parking spaces should first meet the requirements of them. It can make the ownership clear and definite, extinguish the inferno, and can maintain social stability. Also it can strengthen the management and utilization of the garage and parking spaces, improve the utilization ratio, and inspire the investment positivity of developers. But the regulation is relatively principle, and need further refinement and perfect. Based on the comparative analysis and empirical analysis methods, the thesis makes a thorough analysis and discussion of the ownership of garage and parking spaces from four aspects. It is divided into four parts:Part one discusses thoroughly how to define garage and parking spaces of the community in law. Other than garage, parking spaces means the outdoor parking area, not linked to residential houses, within the scope of community, and parking areas occupying the first floor or empty spaces. However, it doesn't involve detached garage, which is not attached to any particular area and provide service for all people or certain person. It can be divided into garage on the ground, empty spaces, underground garage and air defense. The text briefly introduces the four types of garage.The discussion into the legal nature of the garage and parking spaces, is the premise of the definition of the ownership. The requirements for the independence in the construction in every country has been loosen to isolation in concept. Also the garage is independent in use, built for parking and has independent entrances. So it can be the object of the real right. In addition, it isn't the accessory res of the residential buildings and doesn't necessarily share the land tenure, although it has ties to them.Part two introduces and analyses the legislation of the ownership of garage and parking spaces of the community. It is different in the legislation abroad. It can be divided into three modes: common parts, proprietary parts and classification parts. The first type allows the community owner enjoy the ownership of garage and parking spaces, or exclusive use right after paying a sum, on the premise of common ownership. The second type regulates that the garage and parking spaces owns to the developers, so all community owners or other people should buy garage and parking spaces from them. The third type legislation garage and parking spaces own to different persons according to different characteristics. The above three models have advantages and disadvantages. Every country and region tries to reach the balance of interests as soon as possible through the relevant system arrangement, while designing the mode in accord with their own characteristics the ownership, based on their specific property law system and reality.In our country, it is also controversial in theory. There are doctrines such as common ownership of the community owners, ownership of developers, ownership of country, agreement, and so on. I think that we should regulate them according to different garage and parking spaces, for they may be common or exclusive.Part three analyses the judgment standards of the ownership of garage and parking spaces. They are mainly the land tenure, volume fraction, construction cost, and architectural planning. Among them, the standard of construction cost is lack of maneuverability, and the architectural plan can't be the standard of how to determine the ownership of garage and parking spaces, for it can only define the function, but can't determine the ownership. The former two standards are the substantially same, and they are both feasible. The standard of volume fraction is the evolution of the land tenure. And we often determine the ownership according to volume fraction instead of the land tenure in practice, so the standard of volume fraction is more suitable, when we determine the ownership.Part four makes a tentative discussion of how to perfect the legislation of the ownership of garage and parking spaces. The 74th article in the Property Law regulated the ownership of garage and parking spaces. It gives the party autonomy, conforms to the requirements of market economy, and has certain positive significance. At the same time it coercively regulates that the owners possess garage and parking spaces on the public road and other sites, and the owners enjoy the right of priority of garage and parking spaces, that is garage and parking spaces should first meet the requirements of them. These statutory requirements, is helpful for maintaining the interests of the owner and can reduce unnecessary disputes.Compared with developers, property owners are poor in the status. It needs specific and perfect how to achieve the rights of residential owners. Firstly, we should regulate the time and way of the agreement between developers and residential property owners. Secondly, priority of the community owners includes not only includes pre-emptive rights, but also the rental right priorities. It exits only if the apartment house exits. Finally, the word other venues should be interpreted as the common land of the community owners, including the building bases, the common land outside the building base, and the field such as roof terrace. The garage and parking spaces is commodity, so it needs the agreement of the party to determine its ownership. However, the residential property owners in the real estate market are always weak in the position for the less information. If the ownership is completely determined by the two sides, the interests of the community owners will be infringed. In order to safeguard the fairness and impartiality of the transaction and advance the healthy development of the real estate market, the law should intensify protection to the community owners.