1) When calculating the booth area of * * *, the developer takes the construction area of the underground garage into account;
2) The developer promises to provide the underground garage free of charge when selling the unit house;
3) The developer will include the cost of building underground garage in the residential development cost;
4) According to national laws or local government regulations, it shall be delivered to the owner free of charge.
Underground garage is the utilization of underground space resources, which is the same as the utilization of above-ground space resources by an independent unit on the surface. There is usable area and building area, which requires additional investment. Underground garage is a relatively independent building, which has all the characteristics of ownership object. It is a concrete and independent thing, which cannot be replaced by other things and can exist independently in space.
Therefore, although there is no clear legal provision to determine the ownership of the underground garage, there is no doubt that it has the exclusive right to use it. Just because the ownership is not determined according to law does not mean that the relevant rights do not exist.
For example, the builder of an illegal building is definitely unable to obtain legal ownership, but in fact he is the owner of the illegal building. If other people violate his illegal buildings or prevent him from exercising his normal right of residence, he still has to bear civil liability, even criminal liability.
Extended data:
1, public facilities that are not allowed to be sold.
If the developer builds an underground garage according to government regulations, it is his legal obligation to build an underground garage. He built the underground garage not to open to the outside world and seek personal gain, but to meet the living needs of the owners of the community and provide parking spaces for specific people.
For example, Article 11 of the Code of Price Composition and Price Behavior of Commercial Housing in Zhejiang Province, which was issued and implemented by Zhejiang Price Bureau on 1 April, 19991,stipulates: "The infrastructure and equipment of residential quarters and the non-commercial public facilities and equipment approved by the competent department of urban planning and included in the detailed planning requirements of residential quarters must be provided to the residents of the whole residential quarters free of charge and may not be sold at other prices. In this case, it is illegal for developers to sell or rent underground garages to non-residential owners.
2. Public facilities can be sold.
Although according to government regulations, developers should build underground garages as supporting facilities for the community. But as long as the corresponding conditions are met, developers still have the right to sell underground garages. Because the law does not stipulate that the underground garage should be handed over to the owner free of charge. The relationship between underground garage and house is different from that between hydropower and unit house, elevator and high-rise building. Underground garage is not a necessary facility for a house. It is a primary and secondary relationship with the unit house, not a subject-object relationship. It is a relatively independent building, which can be used independently without losing its use value.
Therefore, as long as there is no special agreement in the house sales contract, there is no saying that the accessory is sold or transferred with the subject and object. If the developer does not promise to provide the owner with an underground garage for free, and the area of the underground garage is not included in the booth area of * * *, then the developer who invested in the construction of this underground garage has its exclusive right to use, and the owner cannot ask the developer to deliver it for free.
3. Supporting facilities in non-residential areas
As long as the examination and approval procedures are legal, this kind of underground garage is decided by the developer himself, that is, it can be transferred or rented, and there is no restriction on the object of sale or rental. As for the ownership, it remains to be clarified by national laws. At present, Hangzhou has issued corresponding policies to issue land use certificates for such underground garages. We believe that in the near future, underground garages will have independent ownership certificates. At that time, as an important real estate, it will be mortgaged and transferred, and its ownership rights will be fully realized.
4, the use of civil air defense engineering into the garage.
1996 1997, the People's Republic of China (PRC) civil air defense law, which was promulgated on 29 October, came into effect on 29 October. 1997,1997, is the earliest underground space legislation in China, and it is also the highest-ranking underground space utilization law at present. The law stipulates that civil air defense projects can be used for both military and civilian purposes, that is, civil air defense projects can serve economic construction and people's lives in peacetime and be used by the state in wartime. At the same time, the principle of "who invests, who uses and who benefits" is stipulated.
Because the state has clear provisions on its right to use, in peacetime, investors enjoy a certain degree of right to use, income and disposal, including transfer of the right to use and lease, and at the same time bear legal maintenance obligations.
Investors who convert civil air defense projects into underground garages must first obtain the approval of the relevant administrative departments. Under the condition of ensuring the protection ability of civil air defense projects is not reduced, the relevant technical specifications of underground garages shall be revised in accordance with state regulations until they meet the requirements of underground garages before they can be used as underground garages.
References:
Baidu Encyclopedia-Measures for the Administration of Urban Housing Ownership Registration (Revised)