The Underground Parking Attribution Of Residential Property

This article is discussed in the residential area of buildings connected with the ground, inseparable right to the ownership of the underground garage. With economic development, the surge in car ownership, many cities in China much road congestion, parking difficulties and other lifestyle diseases problems. Compared with underground parking in terms of surface parking area occupied by large, inconsistent with the idea of intensive land use, so many choices to new residential district planning and construction of underground parking spaces.The provisions of Article74,"Property Law" is the basis for the legitimacy of the vast majority of developers to obtain ownership of the underground garage, underground parking but did not quell the ownership battle between the owners and developers, it is difficult for the community with underground parking Parking vacant coexistence of no significant difference. I humble opinion, just from the owners, developers, any benefits starting at the national level, are difficult for the district to design the underground parking proper ownership program. So paper from four aspects, complex benefits outlined included underground parking spaces,, and how to find a balance between the various interests in order to better underground parking spaces for the community and the rights of ownership of the configuration set up tricks.The first part of the third part of this article is to explore the nature of the residential area and the ownership of parking spaces that standard, principles, rules. The second part of the length of China and Taiwan to discuss areas of legislation similarities underground parking spaces, and a brief analysis. The fourth part of the residential area of parking spaces and the exercise of ownership of identified problems in elaborate. The main point is:Given the diversity of the value of the underground parking location and demand [Legislation of vested property rights and related residential parking spaces, and Wang Biao, Wu Yanna, Coastal Enterprises and Science&Technology,2006Section79.], Taking into account the natural strong position of developers, underground parking spaces should be "first meet the needs of owners," and "by the parties through the sale, lease or other means agreed bonus" home owners understand the provisions of the underground garage to enjoy emption or priority to lease, and the kind of priority is not to "equal conditions" as necessary, and even some degree of exclusivity. That the developer in accordance with "allocation ratio" underground garage to the owners after the disposition of the remaining portion of the underground garage parking can only be done only, not free to change the use, other than the owners are not free to pay people to use."Property Law" will be underground parking regulations for developers all a very important reason is that it is owned by the owners worry that all will have some follow-up questions, worried that this will cause confusion and owners to use the interest on the imbalance between [residential residential parking spaces and garages-Taking the perspective of law and economics, Chen Guanghua, Rui Zhiwen, Ma Wu, Hainan University Humanities and Social Sciences, Vol29, No.5.]. Therefore, at the expense of the interests of owners, but it is wrong. How, under the existing legal framework, the principle of safeguarding the interests of owners as possible, handling underground garage ownership dispute, the legislature can look forward to a strong sound operational implementation details as soon as possible, in order to resolve conflicts and calm.