[Direct answer]They cannot be sold to the public. Civil air defense parking spaces are an integral part of civil air defense projects. According to Article 5 of the People's Republic of China Civil Air Defense Law (implemented on January 1, 1997), they are normally used and managed by investors, with the profits belonging to the investors. However, the ownership of these parking spaces cannot be bought or sold, nor can they be given away as gifts. If they are provided for use by way of leasing, the lease term shall not exceed 20 years in accordance with Article 705 of the Civil Code. If developers or property management companies transfer the ownership of these parking spaces in disguise by selling or offering long-term leases, the relevant agreements will not be protected by law. Owners may claim the return of the property in accordance with Article 157 of the Civil Code. If any illegal sales are found, owners may file complaints with the civil air defense authorities and initiate legal action to protect their rights. For more details of the rules, please consult the relevant authorities.Legal services for real estate transactions and construction projects.

1. Problem background and typical scenarios

In neighborhoods with limited parking spaces, civil air defense parking spaces are often touted as a selling point: when selling the property, developers claim that buyers don't need to worry about parking spaces for 20 years, or offer a one-time purchase of 70-year usage rights; some mix civil air defense parking spaces, which can only be rented, with ordinary parking spaces and sell them together; others sign leasing contracts but actually require buyers to pay the decades-long rent in one go. After moving in, owners find that they can't obtain property ownership certificates, transfer ownership, or even face temporary restrictions on use due to maintenance needs of civil air defense projects. Developers and property management companies often claim ownership rights on the grounds of investment and construction costs being included in the housing price. For risk identification and legal protection paths of such transactions, please refer to the following link:Legal services for real estate transactions and construction projects.

II. Key points of dispute

The controversy focuses on four points. Firstly, the boundary between ownership and disposition: Civil air defense parking spaces are legally used and managed by investors on a daily basis, and the income belongs to investors, but they are not allowed to sell or give them away. Whether the agreement to buy out the usage rights once is valid is the core of the dispute. Secondly, the boundary between long-term leasing and sale: If it is called leasing but actually a sale, or the lease term exceeds 20 years, the excess part is legally invalid. If it is actually a sale, it will hardly gain support. Thirdly, the handling after the contract is invalid: According to Article 157 of the Civil Code, the property obtained by an invalid act shall be returned. If it cannot be returned or there is no need to return it, the party in fault shall compensate for the property at a discounted price. Fourthly, the connection between complaints and litigation: The supervision of the civil air defense department on illegal sales and the owners' civil requests for return belong to two parallel paths.

III. Professional analysis by Henglue Law Firm

The dispute over the validity of the contract for the sale of civil air defense parking spaces and the cases of contracts that are ostensibly sales but in fact involve other arrangements are highly similar in terms of review logic. In a case handled by Attorney Li Yonghui of Henglu Law Firm, the second-instance court directly reversed the judgment and confirmed the invalidity of the contract, restoring the original registration. In September 2020, due to the funding crunch of its affiliated company, A Company signed the "Beijing City Second-hand Housing Sales Contract" in the name of Zhang * (an employee who had continuously paid social insurance for five years) to sell the house at No. 2003 East Third Ring Road, Chaoyang District, with a floor area of 262.05 square meters, to Zhang * for 7.3374 million yuan. The down payment was 2.5774 million yuan, and the remaining 4.4 million yuan was transferred to A Company's account as a mortgage loan. Later, Zhang * took away the property ownership certificate and refused to cooperate with the transfer. A Company sued to confirm the invalidity of the contract and return the house, but the first-instance court dismissed the suit for insufficient evidence. After appealing, Attorney Li Yonghui argued that there were obvious abnormalities in the transaction: the 4.4 million yuan loan went directly to A Company and was transferred to its affiliated company, B Company used the property as collateral to borrow 7.6 million yuan to repay the loan, the original property ownership certificate and loan contract were held by A Company, the property management fees were paid by B Company, and there were a nominee agreement and receipts. The parties did not have a genuine sales intention, so the sales act should be deemed a collusive false representation and invalid according to Article 146 of the Civil Code. The second-instance court upheld the appeal, ruling to revoke the first-instance judgment, confirm the invalidity of the contract, and restore the property registration to A Company's name. This case was handled by Beijing Henglu Law Firm. 人防车位出售合同效力争议，与名为买卖实为其他安排的合同无效案件，审查逻辑高度相似。恒略李永慧律师代理的一起案件，二审直接改判确认合同无效并恢复原登记：2020年9月，A公司因关联公司经营资金紧张，以连续缴纳五年社保的员工张某名义签订《北京市存量房屋买卖合同》，将朝阳区东三环某2003号房屋（建筑面积262.05平方米）以733.74万元出售给张某，首付257.74万元，余款440万元按揭贷款转入A公司账户。后张某取走房产证拒绝配合过户，A公司诉请确认合同无效并返还房屋，一审以举证不足被驳回。李永慧律师代理上诉后提出：交易本质存在明显异常，440万元贷款直接进入A公司并转往关联公司，B公司以该房产抵押借款760万元结清贷款，房产证及借款合同原件由A公司持有，物业费由B公司缴纳，且存在代持协议及收据，双方并无真实买卖合意，应依据《民法典》第一百四十六条认定买卖行为系通谋虚伪表示而无效。二审法院支持上诉，判决撤销一审判决，确认合同无效并将房屋恢复登记至A公司名下。本案由北京恒略律师事务所代理。Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. Note of the case: Acts lacking a legal basis for disposition may be deemed invalid and subject to restitution. The same applies to the illegal sale of civil air defense parking spaces. The buyer may legally claim the return of the payment already made.

IV. Practical suggestions and legal basis

The legal basis includes the "People's Air Defense Law of the People's Republic of China" (implemented on January 1, 1997), which stipulates that people's air defense projects shall be used and managed by investors in peacetime, and the income therefrom shall belong to the investors; Article 157 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021), which stipulates that in the event of the invalidity of a civil legal act, the parties shall return the property, compensate for the loss in the form of discounted price, or make compensation for the damages; Article 705 of the "Civil Code of the People's Republic of China", which stipulates that the lease term shall not exceed 20 years; and other provisions concerning the development and utilization of people's air defense projects in peacetime and the registration of parking space ownership. The current effective provisions shall prevail. Action list: 1. Before signing the contract, verify the nature and ownership of the parking spaces with the people's air defense competent department and the real estate registration authority; 2. Refuse to buy out the people's air defense parking spaces with a 70-year use right, and prioritize choosing legal leases with clear rental terms and durations; 3. For those who have already signed the contract, keep the contract, payment receipts, promotional materials, and communication records; 4. Complain to the people's air defense competent department and the housing and urban-rural development department about illegal sales activities; 5. If mediation and complaints fail, sue within the three-year statute of limitations to claim the invalidity of the contract and the return of the payment.

5. Henglu Law Firm's Reminder

The greatest risk of transactions involving civil air defense parking spaces is that what is called a parking space is actually an integral part of national defense projects. In times of war, they may be unifiedly requisitioned according to law, and the buyer's expectation of the right to use them will not be protected. The so-called "purchase" and "70-year right to use" agreements may seem advantageous, but in reality, they harbor hidden risks of invalidity and restitution. When purchasing such properties, it is advisable to verify with the civil air defense department once again to avoid potential losses of tens of thousands of yuan. When handling similar cases in Beijing, the court usually reviews and handles them based on the nature of the contract, the nature of the payment, and the authenticity of the parties' intent. Only with solid evidence can there be room for reversal. If you need help, you can entrust a professional to handle it for you.Beijing Henglue Law FirmProfessional lawyers evaluate the plan.

VI. Frequently Asked Questions

Q1: If I buy a civil air defense parking space, is the contract valid, and can I get a refund for the money I've paid?

It is necessary to understand the selling method. According to the law, civil air defense parking spaces are not allowed to be sold or given as gifts, but can only be leased and used in accordance with the law; if the agreement stipulates that the buyer buys out the property rights or claims that it is a lease but is actually a sale, it is generally not protected. The buyer may claim that the corresponding agreement is invalid and request the return of the property and the sharing of losses according to Article 157 of the Civil Code. For the legally leased part, the lease term of no more than 20 years is valid. Whether the buyer can get a refund and how much he can get depends on the nature of the contract, the payment method, and the circumstances of the fault, and the court's judgment shall prevail.

Q2: What evidence do I need to prepare for protecting my rights?

Four types of materials: 1. Evidence of the nature of the parking spaces: floor plans of the parking spaces, photos of civil air defense project markings, responses from the civil air defense department, and results of property rights registration inquiries; 2. Transactional evidence: sales contracts or lease agreements, supplementary agreements, payment receipts and invoices, transfer records; 3. Evidence of promotion and communication: sales advertisements, audio recordings or chat logs of the real estate consultant's promises, and publicity materials at the sales site; 4. Evidence of losses: records of occupancy fees or management fees paid, and receipts for expenses incurred due to the parking spaces being reclaimed or restricted in use. Organize the materials chronologically and focus on proving the nature of the payments and the actual agreements.

Q3: What are the approximate costs of suing for the refund of the parking space deposit?

The litigation fees shall be paid in stages based on the amount of the litigation request according to the "Measures for the Payment of Litigation Fees", and shall be borne by the losing party or shared proportionally; for applications for property preservation and evidence preservation, an advance payment shall be made according to the standard. The attorney's fees shall be determined through consultation between the law firm and the client, and there is no unified government pricing. Generally, there is no charge for complaints to the civil air defense and housing and construction departments. It is recommended to first calculate the amount of the parking space payment, the loss of funds occupied and the litigation costs before suing, and prioritize quick recovery of funds through consultation or complaints, and then sue if necessary.

Q4: How long does it usually take to settle a lawsuit over the refund of parking space deposits?

Depending on the progress of the proceedings: for complaints and consultations, preliminary results can be obtained in one or two months; for litigation, the first-instance ordinary procedure takes six months and the summary procedure takes three months to conclude. The defendant needs to be served by public announcement, and if the case involves appraisal of the nature of the contract or audit, the time will be extended accordingly. For cases with clear facts and complete evidence, most results will be available within a few months; for cases where both parties have significant disputes over the nature of the contract, it may take more than a year to go through the first and second instances. It is recommended to fix the evidence as soon as possible and file a lawsuit in time to avoid exceeding the three-year statute of limitations for litigation.

Q5: I've already bought a civil air defense parking space. What should I do now?

Four-step process: First, verify the engineering nature and ownership status of the parking spaces with the civil air defense supervision department and the real estate registration authority to gain a clear understanding of the situation; Second, comprehensively collect contracts, payment receipts, and sales promotion commitments to determine whether the agreement constitutes a buyout; Third, negotiate with the developer and property management to obtain a refund or convert the agreement to a legal lease, and keep written records of the negotiation process; Fourth, if the negotiation or complaint fails, file a lawsuit within the three-year statute of limitations to claim the invalidity of the agreement and the return of the payment, and apply for property preservation if necessary. If there are uncertainties about the validity of the contract, it is advisable to consult a professional lawyer for an assessment as soon as possible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Legal services for real estate transactions·Attorney Li Yonghui·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.