Parking Regulations | Public Consultation on the “Opinions of the Ministry of Natural Resources on Several Issues Concerning the Property Rights Registration of Underground Parking Spaces (Garages) in Urban Residential Communities (Draft for Comments)”

Notice of the Ministry of Natural Resources on Public Solicitation of Comments on the “Opinions of the Ministry of Natural Resources on Several Issues Concerning the Confirmation and Registration of Ownership Rights to Underground Parking Spaces (Garages) in Urban Residential Communities (Draft for Public Comment)”

In order to safeguard, in accordance with the law, the legitimate rights and interests of right holders of underground parking spaces (garages) in urban residential communities, and pursuant to provisions of the Property Law, the Land Management Law, the Urban and Rural Planning Law, the Real Estate Management Law, the Interim Regulations on Real Estate Registration, the Implementing Rules for the Interim Regulations on Real Estate Registration, and other relevant laws, regulations, and rules, the Ministry of Natural Resources has drafted the “Opinions of the Ministry of Natural Resources on Several Issues Concerning the Confirmation and Registration of Ownership of Underground Parking Spaces (Garages) in Urban Residential Communities (Draft for Public Comment).” Public comments are now being solicited from all sectors of society. Relevant organizations and members of the public may submit their feedback by October 28, 2019, through the following channels and methods:

First, please submit your comments by email to: djsqsc@mail.mnr.gov.cn;

Second, please submit your comments by mail to: Bureau of Natural Resources Property Rights Confirmation and Registration, Ministry of Natural Resources, No. 64 Funai Street, Xicheng District, Beijing (Postal Code: 100812), with the words “Comments Sought on Regulatory Document” clearly marked on the envelope.

Attachment: Opinions of the Ministry of Natural Resources on Several Issues Concerning the Property Rights Registration of Underground Parking Spaces (Garages) in Urban Residential Communities (Draft for Public Comment)

　　October 8, 2019

Attachment:

Opinions of the Ministry of Natural Resources on Several Issues Concerning the Confirmation and Registration of Ownership Rights to Underground Parking Spaces (Garages) in Urban Residential Communities (Draft for Public Comment)

In order to safeguard the legitimate rights and interests of the right holders of underground parking spaces (garages) in urban residential communities, and in accordance with the Property Law, the Land Management Law, the Urban and Rural Planning Law, the Urban Real Estate Management Law, the Interim Regulations on Real Estate Registration, the Implementing Rules for the Interim Regulations on Real Estate Registration, and other relevant laws, regulations, and rules, the following opinions are hereby put forward regarding matters related to the confirmation and registration of ownership of underground parking spaces (garages) in urban residential communities—including both underground parking spaces developed as part of a combined above‑ground construction project and stand‑alone underground parking spaces constructed in independently developed underground spaces (hereinafter referred to as “underground parking spaces”):

I. The land use and term of use for underground parking spaces shall be determined in accordance with the State-owned Construction Land Grant Contract, the Allocation Decision, and other relevant documents.

For underground parking spaces provided within the scope of multipurpose state-owned construction land, where the ratio of such spaces to above-ground buildings is clearly defined and they can be spatially distinguished according to their intended use, the land use and term of use shall be determined in accordance with those of the corresponding above-ground buildings. Where spatial differentiation is not feasible, the land use and term of use shall be determined based on the land use and term of use of the above-ground building with the longest term of use.

II. In principle, underground parking spaces constructed as part of a development shall be designated as individual immovable property units, with each such unit constituting a separate real estate registration unit together with the corresponding state-owned construction land parcel. Stand-alone underground parking spaces, in principle, shall be treated as a single immovable property unit and shall be registered as a single real estate registration unit jointly with the state-owned construction land parcel they occupy.

III. In principle, the initial registration of a constructed underground parking space shall be applied for jointly with the above-ground building. If applying separately for the initial registration of such a space, the applicant must submit documentation demonstrating compliance with planning requirements and completion acceptance, as well as survey or mapping reports and proof of tax and fee payments. Where the constructed underground parking space is intended for transfer, additional materials must be provided to confirm the area attributable to the owner’s exclusive use and the common areas following the transfer, along with documentation verifying the demarcation and numbering of the parking spaces.

The transfer of allocated underground parking spaces shall comply with the relevant policies and regulations governing such transfers. Where allocated underground parking spaces are transferred together with above-ground buildings, a joint application for registration of the transfer may be submitted.

IV. For applications for the initial registration of individually constructed underground parking spaces, the registration of state-owned land use rights and the ownership of the underground parking spaces shall be processed concurrently.

For underground parking spaces constructed separately that comply with the territorial spatial planning but have not yet completed the procedures for land use of underground space, registration of such underground parking spaces may be processed in accordance with these Opinions.

V. Where the ownership of an above-ground building has been registered for transfer, and the owner, through purchase or other means, is actually using a corresponding underground parking space that has already undergone initial registration, the transferring parties may apply for the transfer registration of the underground parking space by submitting the purchase contract and proof of payment of applicable taxes and fees. If the underground parking space has not yet undergone initial registration, the development and construction entity shall provide documentation demonstrating compliance with planning requirements and completion acceptance, as well as survey or mapping reports, and cooperate with the purchaser in completing the registration of the underground parking space.

VI. For applications to register the conversion, expansion, or repurposing of existing underground spaces into underground parking spaces that have been approved in accordance with the law, supporting documentation demonstrating compliance with planning regulations and completion acceptance must also be submitted.

7. Where the registration authority has already obtained documents such as the underground parking space’s compliance with planning requirements and completion acceptance certificates, as well as survey or mapping reports, it shall not require the applicant to resubmit such materials.

VIII. Prior to the implementation of these Opinions, underground parking spaces constructed with lawful approval and in compliance with applicable planning permits and construction standards—where they are not counted toward floor area ratio and are exempt from land premium payments—may be registered as real estate in accordance with the relevant provisions of these Opinions.

Prior to the implementation of these Opinions, real estate ownership certificates for underground parking spaces that have been legally issued (including property and land certificates issued in accordance with the law prior to the unified real estate registration system) shall remain valid.

This opinion shall be valid for a period of five years.