The second paragraph of Article 74 of the Property Law stipulates: "The ownership of parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties through sale, gift or lease." The Property Law recognizes that parking spaces in residential areas can be used as the object of independent transactions. As the No.5 parking space in this example belongs to the parking space approved by the planning, the developer has the right to sell and rent it by agreement. Therefore, the parking space use agreement signed by Party A and Party B is legal and effective.
Extended data:
Generally, the parking spaces in the community are included in the pool area calculation, that is, they are not owned by any individual, but by all owners of the community. So it is impossible to apply for a property right certificate. The above-ground parking spaces and underground parking spaces in the community can only be rented and managed by property management companies. If it is a new parking space, sign a lease agreement directly with the property company.
The term of a general lease contract is 10 to 20 years. The property management company has detailed style documents. Sign according to the process. If it is transferred by other private parties, the buyer shall ask the transferor to provide the lease agreement signed with the property management company at the beginning, and the buyer must properly keep this agreement and the newly signed agreement between the two parties. If possible, both parties shall go to the property management company for transfer registration.
The specific location of the parking space must be clearly written in the signed agreement, and the transferor must give proof of the right to use the parking space. When signing the agreement, we must pay attention to it. According to the contract law, the lease term cannot exceed 20 years at most, so when writing the agreement, we can't write the lease term for more than 20 years. So when writing an agreement, don't write a term of more than 20 years. The right to use for more than 20 years is not protected by law and is invalid. When signing an agreement between individuals, it is best to find a third-party witness or notary.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Contract Law