Study On The Ownership Of Underground Parking Space In Urban Residential Quarters

As a mode of living for people in modern cities and towns,residential quarter also transforms cars from luxury goods to common people’s means of transportation.As more and more private cars are owned,people’s demand for parking spaces is also growing.Where is the right of underground parking space in urban residential quarters,which has also become a hot topic of concern to all sectors of society.There are many disputes about the right of underground parking spaces in urban residential areas.As for its four main doctrines,each has its advantages and disadvantages,and no consensus has been reached at present.Based on the analysis of the theory of building ownership differentiation,referring to the relevant provisions and experience of other countries and combining with the actual situation of our country,this paper analyses the provisions of the Property Lawjudicial interpretation and local laws and regulations in order to answer the question of where the right of underground parking space in urban residential areas belongs.Firstly,with the increase of the number of private cars in China,the demand for parking spaces has increased,resulting in more disputes and problems caused by 138,000 parking spaces in Beijing.Then,the underground parking spaces of urban residential areas are defined and classified.There are three types of underground parking spaces in urban residential districts in China:matching underground parking spaces,self-built underground parking spaces by developers and underground parking spaces rebuilt by civil air defense projects.The relevant theories are discussed,including ownership theory of owners,ownership theory of developers,ownership theory of agreement and state ownership theory.Then it elaborates the current legislative and judicial situation of our country.Legislation includes the Property Lawjudicial interpretation and provincial(municipal)local norms.From this point of view,the existing shortcomings are analyzed,that is,the ownership of underground parking spaces in urban residential buildings is not clear,the legal provisions are lack of operability and the absence of registration system of ownership of parking spaces.Finally,in view of the current situation and shortcomings mentioned above,some suggestions are put forward for the improvement of the system.By referring to foreign legislation,the ownership of underground parking spaces in urban residential areas is clarified,that is,the combination of apportionment theory and state ownership theory,and the burden of proof for real estate developers is stipulated.To improve the parking requirements of the owners,developers can only dispose of the underground parking spaces to the owners of the residential area,and restrict the owners to transfer the shared underground parking spaces to the outside world.We will improve the registration system of property rights.Standardize the use and circulation system of underground parking spaces,improve the publicity of parking space disposition,bring the price of underground parking spaces in urban residential areas into the supervision system,and impose necessary restrictions on the disposition of underground parking spaces.