Study On The Ownership Of Underground Parking Spaces In Residential Communities

In the judicial practice,there are more and more disputes about the ownership of underground parking spaces in residential communities.In order to resolve this kind of disputes,we need to deeply study the original intention and basis of the construction of underground parking spaces in residential communities.According to the different original intention and basis of the construction,the underground parking spaces in the residential areas can be roughly divided into two categories.One is the underground parking spaces that the developer must build according to the national requirements,the other is the underground parking spaces that the developer voluntarily builds.The former is also solidified in its use because of the particularity of the construction basis.These underground parking spaces improve the efficiency of the use of underground civil air defense engineering so that transformation of the formation of the parking spaces is made.They are called the civil air defense parking spaces.The essential characteristics of this kind of parking spaces is that the state commission residential developers help along with the country to complete certain civil air defense project.Whether real estate registration departments allow civil air defense initiative register parking spaces to developers,or allow developers to ownership transfer registration to conform to the reality of restrictive provisions of buyer,the developers are in the ownership of the original civil air defense parking spaces.They built these parking spaces based on the legal behavior.There is a natural legitimacy for the developers that the civil air defense parking spaces registration according to the ownership system of the original way.The latter is the parking spaces voluntarily built by the developer,so its ownership can be agreed by the developers and the owners in theory.But the parking spaces are controversial whether belong to the owners’ common part or the exclusive part.China’s Property Law has made a clear provision on the ownership of aboveground parking spaces,that the owner of the building has a common right to the aboveground parking spaces.But there is no provision on the ownership of the main body of the underground parking spaces.The ownership identification of this kind of underground parking spaces should not consider the interests of the construction party unilaterally,but also should focus on the interests of the investors and users as well as the interests of the construction party.The subterranean parking spaces in this residential area are classified into proprietary parking spaces and common parking spaces.And combined with the latest The Interim Regulations on real estate registration Rules,it is necessary tocreate a residential district underground parking spaces ownership registration system.It is clear that the owner of the registration of joint ownership of underground parking way.Moreover,It should be along with all the application for registration and the housing registration organ to be recorded in the register of the house within the building zone on the public places,common facilities and realty services such as housing.In that condition,the certificate of house ownership can not be issued.For the exclusive underground parking spaces owned by developers,they can first apply for the initial registration and filing of the ownership of the underground parking spaces and provide relevant legal documents to the real estate property management authorities.Then,underground parking spaces buyers and development business should deal with formalities of property right of underground parking spaces to transfer door to management department of estate trade by the regulation,after underground parking spaces is handed over to use in three months.Thus,buyers are able to apply for property right of underground parking spaces to belong to certificate.Only clarify the basis of judgment for such disputes,can these rules resolve social contradictions.