Ownership of commercial buildings in residential areas

Does the developer include the construction area of the underground garage when calculating the pool area? The construction area of the underground garage has been shared as the pool area, and the construction area of the commercial housing purchased by the community owners has included the underground garage. In this case, the property right of the underground garage should belong to all community owners. On the other hand, if the construction area of the underground garage is shared, then the ownership of the underground garage usually belongs to the developer. Developers can freely buy, sell, lease and transfer, which is legal and effective. (Du Zule: On the Ownership of Underground Garage)

2. Cost theory

Whether the cost of building underground garage is included in the cost of residential development. If the cost of the underground garage has been included in the cost of the community, it means that the investors of the underground garage have been transferred to all the owners through the sale of houses, and all the underground garages should be owned and used by all the owners of the community; On the contrary, it usually belongs to the developer. (Du Zule: On the Ownership of Underground Garage)

3. Support the theory of public buildings

Garage, as a public supporting facility in residential quarters, should be shared and used by all owners. The limited garage resources in the community should not be monopolized by a few people or powerful groups, otherwise it will damage the overall interests of the owners in the community, and the purchase price of the owners has included the underground garage, the actual area of the house, public facilities and so on. And the developer is just the builder of the garage, not the investor.

Personally, the above three statements are debatable. Sharing theory puts forward a hypothetical situation, but this idea is neither objective nor realistic. First, there is no legal basis, and the detailed rules of the Ministry of Construction exclude the garage from the shared area. Second, it is unfair to car owners who don't buy cars in the future, and they have to share the rent and buy things that are useless to them. The cost theory has some truth. However, since the implementation of the Administrative Licensing Law, house prices are no longer declared for approval. Developers' housing prices are all market-adjusted prices, and development costs have become their business secrets. How can I know its development cost unless the developer is willing? . The third view is extremely one-sided, saying that the underground garage has been included in the purchase price is not to admit that the underground garage can become an independent object of property rights, but to express more sympathy to the owners who are weak developers.

To solve the dispute about the garage, the Property Law has yet to be promulgated. The draft property law stipulates as follows:

The green space, roads and property management houses within the building division belong to the owners, except those belonging to municipal construction.

The ownership of clubs and garages, if agreed, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it belongs to the owner unless the construction unit can prove its ownership.

Here is actually to recognize the ownership of the garage by the developer, and then transfer the ownership according to the agreement. As for the number and price of parking spaces in a community, let the market be the middleman.

Many property buyers are worried that the landlord will also sell the garage that has entered the pool area. In this regard, the source said that if the pool area includes a garage, then it is impossible for the real estate department to allow the sale. Hey. . .

How to ensure that the garage is only sold to the owners of this community?

In the trial regulations jointly issued by the five departments of our city, it has been made clear that saleable garages can only be sold to owners in the community. If the developer sells the garage to the owners outside the community, the purchaser will not be able to register the ownership, that is, the property right of the purchaser will not be guaranteed. At the same time, the owners in the community can also report that the developer is taking out the garage in the community. After receiving the report, the real estate department will seriously investigate and deal with it.

Can civil air defense parking spaces be sold?

According to the spirit of Zheng Ningfa's 2004(055) document, the garage within the scope of civil air defense facilities is managed and used by the developer. Indoor parking spaces are divided into above ground and underground. If underground parking spaces are not within the scope of civil air defense, developers can sell them, and buyers can also apply for property certificates.

How to divide the ownership of the garage in the built community

The trial regulations in Nanjing clearly stipulate that 15% of the parking spaces or garages built according to the construction standards shall be used as owners' public parking spaces, and the rest shall be used as owners' exclusive parking spaces, and developers may sell them. Of course, in order to encourage developers to build more garages, Nanjing has also made it clear that garages built beyond the prescribed standards can be sold.

For the built residential areas, although the parking space allocation standards are different, the garage ownership division standards are still implemented according to the trial regulations issued this time, that is, the parking spaces allocated according to the allocation standards, 15% are owner-owned parking spaces and 85% are saleable owner-only parking spaces.