Can.

The construction of underground parking spaces approved by the competent authority, you can apply for real estate rights according to the land use and contractual agreements, belonging to the commercial and residential nature of the property rights of underground parking spaces, need to be developed by the main body to apply for the general registration of the property before a first-hand subdivided registration, the use of the years of use according to the use of the land where the property rights are determined.

Application for (underground parking spaces) real estate right certificate, need to submit the following materials:

(a) real estate registration application;

(b) applicant's identification;

(c) real estate title certificate;

(d) by the registered record of the contract of purchase and sale of commercial housing;

(e) the payment of relevant taxes and fees (v) Proof of payment of relevant taxes and fees;

(vi) property subdivision maps and sectional maps;

(vii) other materials stipulated by laws, administrative regulations and the Rules for the Implementation of the Interim Regulations on Real Estate Registration.

Expanded Information:

"The People's Republic of China*** and the State Property Law", Article 136: "The right to use land for construction purposes may be established on the surface of the land, under the ground, or on the ground separately "The provision finally establishes that construction land can be categorized into different levels of use rights above, on and below the ground.

Article 74 of the Property Rights Law of the People's Republic of China*** and the People's Republic of China: Within the zoning of a building, parking spaces and garages planned for the parking of automobiles shall be used to meet the needs of the owners first.

Within the zoning of a building, the ownership of parking spaces and garages planned for parking automobiles shall be agreed upon by the parties concerned by way of sale, attachment or lease.

Parking spaces that occupy roads or other sites owned by the owner*** for parking cars belong to the owner***.

Underground parking spaces can not be sold conditions:

Whether the developer has the right to sell the underground garage, depending on whether the garage belongs to all the owners or belongs to the developer's investment in the construction of the building, to meet one of the following conditions, the garage belongs to all the owners, the developer does not have the right to sell:

(1) developers in the calculation of amortized floor area has been put in the underground garage floor area

(2) the developer to build underground garage cost accounting in residential development costs;

(3) according to national law or local government regulations should be delivered to the owners of the use of gratuitous, that is, the community in the planning of the garage as a public **** supporting facilities have been clearly defined, the construction of the garage as a developer's legal obligations.

If there is one of the above circumstances, the developer has no right to sell the garage. If there is no such case, the investment in the construction of such underground garage developers enjoy the exclusive right to use, the right to sell the underground garage, then, as the purchase of the basement car parking space in the district residents can ask the developer to provide real estate management department issued a garage sales license or the price bureau issued by the garage is not included in the construction cost of the proof of the cost of construction.

The difference between a titled parking space and a non-titled parking space:

1, titled parking spaces are generally 70 years of property rights, and non-titled parking spaces have only a right to use for 20 years.

2, titled parking space can be traded, no title parking space can only be transferred right of use.

Generally speaking, there is no property rights, can not handle the property rights of the parking space, are the government forced developers to repair the human defense project. Usually the government does not care, to a special situation or emergency, the government has the power to unconditionally compulsory requisition and use of these human defense works. There are a lot of developers who make these human defense works into parking spaces for sale. They claim to have no property rights, but can both sign a contract (usually an agreement), the same can be sold to the owners, but also to do the title of the thousands of dollars to save.

Developers in the agreement, will generally write that this is the developer to rent the parking space to the owner for ten years, a one-time charge of ten years of the owner's rental fee (actually they said the purchase of the parking space of the house payment.) After ten years, the owner is free to use the parking space without paying the lease fee. And the owner can keep using it.

Reference:

Baidu Encyclopedia - Property Rights Law of the People's Republic of China