Research on the Issue of the Ownership of Parking Spaces in Residential Communities

住宅小区停车位分为三种类型，即规划内停车位、占用业主共有部分的非规划停车位和人防工程停车位。对于住宅小区的停车位权利归属问题，存在三种观点，即业主所有说、开发商所有说和约定归属说，这三种观点各有其道理，亦均有不足。研究结论表明，应将停车位归属类型化区分，明确规划内停车位、占用业主共有部分的非规划停车位和人防工程停车位的归属规则；区分权利主体，确定开发商、业主和国家分别在不同类型停车位上的权利，居住权人仅享有使用权；同时完善协商调解、仲裁、诉讼等解决方式，以此妥善处理住宅小区停车位权利归属争议，实现各方权益平衡。The parking spaces in residential communities are divided into three types, namely the parking spaces within the planning scope, the non-planned parking spaces occupying the common parts owned by the property owners, and the parking spaces in civil air defense projects. Regarding the issue of the ownership of parking spaces in residential communities, there are three viewpoints, namely the viewpoint that the property owners own them, the viewpoint that the developers own them, and the viewpoint that the ownership is determined by agreement. Each of these three viewpoints has its own rationality, but also has its own deficiencies. The research conclusions indicate that the ownership of parking spaces should be classified. It is necessary to clarify the ownership rules for parking spaces within the planning scope, non-planned parking spaces occupying the common parts of the property owners, and parking spaces in civil air defense projects. By distinguishing the subjects of rights, the rights of developers, property owners, and the state regarding different types of parking spaces can be determined, and the right of habitation holders is limited to the right of use. Meanwhile, it is essential to improve settlement methods such as negotiation, mediation, arbitration, and litigation, so as to properly handle disputes over the ownership of parking spaces in residential communities and achieve a balance of interests among all parties.