Zhongcheng Qingtai Real Estate Perspective: Mechanical parking spaces cannot be divided into households for the time being.
Published:
2020-08-08
Brief of the case
On July 8, 2011, the buyer Wang mou and the seller a company signed the "underground parking space sales contract" and "supplementary agreement", agreeing that Wang mou purchased a underground mechanical three-dimensional parking space in a residential area of Jinan city developed and constructed by company a. article 8 of the "underground parking space sales contract" also stipulates that "the seller shall report the relevant materials required for handling the property right certificate to the housing management department for record within 900 days from the date of the delivery of parking space delivery, if, due to the seller's reasons, the buyer is unable to obtain the certificate of title within the time limit stipulated in the contract, the seller shall pay the buyer a liquidated damages of one ten thousandth of the price paid on a daily basis." After the above-mentioned "underground parking space sales contract" was signed, company a delivered the mechanical three-dimensional parking space to Wang mou for use in September 2011. Company A has realized the initial registration of the building where the parking space is located (including the parking space) on December 26, 2011, but the mechanical three-dimensional parking space in the residential area including the parking space has not been further registered for household confirmation.
Wang filed a lawsuit with the people's court, asking company a to handle the parking space property right certificate for him and pay him liquidated damages.
focus of controversy
The dispute in this case revolves around "registration of ownership of mechanical three-dimensional parking spaces". Wang mou requires company a to bear the liability for breach of contract for overdue certification in accordance with the agreement of the underground parking space sales contract and the supplementary agreement. As the defendant, the seller has realized the initial registration of the building (including the parking space) where the parking space is located on December 26, 2011, therefore, the defense claimed that all obligations that should be undertaken as a developer in the registration of the ownership of the parking space had been completed, and the buyer Wang mou did not obtain the registration of the separate ownership of the parking space due to the seller's responsibility, so there was no breach of contract and he should not be liable for breach of contract after the deadline.
The focus of the dispute in this case is whether the mechanical parking space can be registered separately under the existing legal system.
legal analysis
The existing laws and regulations have no clear provisions on whether mechanical parking spaces can be registered separately and how mechanical parking spaces can be registered separately. However, various localities have issued some policy guidance for this problem. For example, Chengdu Urban and Rural Real Estate Administration issued the "Notice on Handling the Registration of the Ownership of Mechanical Garages (Bits)" (Chengfang Fa [2014] No. 143) on September 1, 2014. The notice clearly states that "for mechanical garages (Bits) that have passed the completion acceptance, the construction unit can apply for initial registration", "for those that meet the registration conditions, according to the requirements, the registration contents will be recorded in the house register, and the house ownership certificate or registration certificate will be issued." The mechanical garage (seat) in the same project can handle the transfer, mortgage and its notice, correction, cancellation and other registration matters according to the basic unit "; Wen Zhengfa (2014) No. 63" Notice of Wenzhou Municipal People's Government on Promoting the Stable and Healthy Development of the Real Estate Market "issued by Wenzhou Municipal People's Government, in the second paragraph of Article 9 of the document, it is clear that" mechanical parking spaces or motor vehicle spaces in civil air defense construction parts shall not be issued with a house ownership certificate, but may be noted in the attached column of the owner's house ownership certificate." During the two sessions this year, some CPPCC members proposed that in order to solve the problem of parking difficulties and promote the development of the parking industry, mechanical parking spaces should be registered.
According to our lawyer, the mechanical parking space refers to the parking space for the use of individual parking spaces through the lifting, lowering and horizontal movement of the overload car board. However, Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Distinguishing Ownership of Buildings stipulates: "Houses within the building zoning that meet the following conditions, as well as specific spaces such as parking spaces and stalls, it should be recognized as the exclusive part of Chapter VI of the Property Law: (I) it is structurally independent and can be clearly distinguished; the (II) is independent in use and can be used exclusively; (III) can be registered as the object of ownership of a particular owner.", Obviously, for a single parking space of a mechanical parking space, it is a moving non-independent space, which is not consistent with the basic requirements of real estate registration, and it is theoretically difficult to handle household confirmation. For this reason, in the process of representing the case, our lawyer applied to the court to inquire Jinan Real Estate Registration Center about whether the mechanical three-dimensional parking space can be registered separately. The real estate registration letter replied that "the mechanical three-dimensional parking space is still a new thing in the real right registration nationwide. How to register the right separately, how to determine the construction area, owner's own area and apportioned area involved in the household, etc, so far, there are no clear laws, regulations or policies. Therefore, the registration of household confirmation will not be handled for the time being". After that, the plaintiff withdrew the prosecution of the case.
Summary
At present, there is no national and unified laws, regulations or policy basis on how to register the property rights of mechanical three-dimensional parking spaces. However, some areas have taken the lead, such as the initial registration of mechanical three-dimensional parking spaces (e. g. Chengdu, and the registration of mechanical parking spaces in this case) or "mechanical parking spaces in the owner's house ownership certificate in the attached column notes" (e. g. Wenzhou). Mechanical parking spaces have been widely used in various places, which has also led to increasing disputes between buyers of mechanical parking spaces and sellers due to their failure to realize ownership registration. However, judging from Jinan's current practice, mechanical parking spaces cannot be registered separately for the time being.
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