Research On The Ownership Of Underground Parking Spaces In Residential Areas

With the rapid development of our country’s economy,the rapid increase of the quantity of cars has contradicted the relative shortage of parking spaces in residential areas,leading to frequent disputes over the ownership of parking spaces.The dispute over underground parking spaces between Wang Jianqun and Heilongjiang Huilong Real Estate Development Co.,Ltd.is a typical dispute over ownership.As the basic theoretical basis for the ownership of underground parking spaces in residential quarters,the differentiated ownership of buildings has three different views,but the three parts including exclusive rights,co-ownership and membership rights can be confirmed,of which the ternary theory is more applicable The current reality of our society.The legal nature of the underground parking space as a supporting facility in a residential community needs to be explored whether the building is a part of the property,whether it is an attachment to the construction land use right,and a component part of the exclusive part of the building’s distinguished ownership.It is not difficult to draw a conclusion through in-depth analysis The parking space can constitute an exclusive part but cannot be an attachment or a conclusion.There are still different opinions on the ownership of underground parking spaces in residential quarters.In the evaluation of the ownership of underground parking spaces,the judgment criteria cannot be based on the coverage of the area of the commercial housing’ s share of the building area of the underground parking spaces in the community as the only reference.Obtaining the registration certificate to determine the ownership of their rights still has operational difficulties,and there are also shortcomings in determining the ownership of rights through the agreement between the right owners.Through the comparison of relevant domestic and foreign legislation,we learn from the Canadian configuration regulations,the two forms of ownership in the United States,a series of exclusive ownership regulations in Germany,the household design legislation in France,and the determination of the ownership of different types of parking spaces in Japan.It mainly adopts three ownership modes:common mode,exclusive mode and comprehensive reference mode.The domestic research and summary of the current relevant situations in Beijing,Shanghai,Nanjing,Hainan,Shenzhen and Taiwan of China,combined with the actual situation of the Civil Code on the original Property Law without substantive amendments to such issues,put forward the first To meet the needs of the owners,establish the principles of publicity of ownership and transfer of real estate in an agreed manner,and propose a series of laws and regulations that can promote the continuous improvement of the differentiated ownership of buildings.So as to promote the further improvement of the civil code and strengthen the constraints on the developers Standardize and draw on excellent design concepts to design residential parking spaces,and propose the need to clarify the ownership of civil air defense parking spaces and ensure the realization of their civil air defense uses.Therefore,including the ownership of underground parking spaces in residential quarters into the scope of research is of great significance for improving the civil code and safeguarding the vital interests of developers and owners.