An Analysis Of Cases About Ground Parking Spaces

Article 74 of the Real Right Law of the People's Republic of China(hereinafter referred to the Real Right Law)provides for the ownership of parking spaces and garages,and the academic and practical circles have different understandings of this provision.With the development of economy and the expansion of the city,the dispute over the ownership of parking spaces and garages is becoming more and more intense,especially the ownership of ground parking spaces.There are no specific provisions in the Real Right Law about how the exclusive and common parts of the condominium ownership are defined,while the second and the third articles of the interpretation of Supreme People's Court on issues concerning the condominium ownership(hereinafter referred to the interpretation on issues concerning the condominium ownership)remain to be discussed.In judicial practice,there is no uniform standard for adjudication of disputes over the ownership of ground parking spaces,and there are conflicting reasons and results,resulting in adverse social effects.Following the original intention of legislation and real estate change rule,the ground parking space conforming to the substantial elements can be the exclusive part of the condominium ownership,whether it has been registered should not be considered.The ownership of planned ground parking spaces specified in article 74(2)belongs to the developer due to the original construction,and can be transferred to the owner in an agreed manner.Article 74(3)applies to parking spaces out of the plan.Plot ratio is a planning technical index.Not included in the building area or plot ratio can not be concluded that the ground parking spaces are land use rights and can only be shared by all owners.Whether the cost of the ground parking space is factored into the house price is not the decisive factor of the ownership,while ground parking spaces that have been included in the residential pool area must be shared by all owners.With the development of the registration system of real estate,the ownership of parking spaces and garages including ground parking spaces will be clearer.