[Direct answer]In the Beijing area, civil air defense parking spaces can be legally transferred and used for a long time, but generally cannot be purchased with property rights. Civil air defense projects serve wartime protection functions, and in practice, it is difficult to register them under individual names. The so-called "purchase" essentially involves the transfer of usage rights. According to Article 5 of the People's Republic of China Civil Air Defense Law (implemented on January 1, 1997 and amended on August 27, 2009), civil air defense projects are normally used and managed by investors, and the profits belong to the investors. In terms of duration, according to Article 705 of the People's Republic of China Civil Code (implemented on January 1, 2021), the lease term shall not exceed 20 years, and the exceeding part shall be invalid. Before purchasing, you should verify the nature of the parking space, the contract term, and the requisition arrangements, and be vigilant against the propaganda of "property rights certificates can be obtained". Keep the purchase contract and payment receipts, and promptly assert your rights according to law in the event of disputes. For more real estate transaction issues, please refer to the relevant information.Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

The supply and demand for parking spaces in cities is tight, and many residential communities convert civil air defense works into parking spaces for "sale" or long-term rental. If buyers are not careful, they may fall into traps. Typical scenarios include: sales claiming that "they are cheaper than legally owned parking spaces and can be used for life", only to find out after signing the contract that they cannot obtain certificates; contracts with various names, such as transfer agreements for use rights, long-term lease contracts, and civil air defense parking space use certificates, with different legal effects and durations; after the project is transferred or renovated, the new management does not recognize the original contract and requires repayment; and disputes over compensation arise when parking spaces are legally reassigned for use. Large-scale communities and older residential communities in Beijing have a large stock of civil air defense parking spaces, and such consultations are particularly common. Civil air defense parking spaces are not unusable, but their ownership transfer is subject to special restrictions. Understanding their nature, duration, and risks before transactions is the first step to avoiding disputes.

II. Key points of contention

The disputes in such cases focus on four aspects. Firstly, ownership and contract nature: In practice, it is generally believed that the ownership of civil air defense works belongs to the state, and developers, as investors, enjoy the right of ordinary use and profit-sharing. Therefore, the "sale of civil air defense parking spaces" is actually the transfer of use rights. After the purchase, the buyer may request a refund on the grounds that "what they bought is the property right", and the two parties hold different opinions on the nature of the contract. Secondly, the effectiveness of the term: If the contract stipulates "permanent use" or a lease term exceeding 20 years, the exceeding part will be invalid according to Article 705 of the Civil Code. The court generally recognizes the validity of the part within 20 years. Thirdly, sales fraud: Inducing the signing of the contract with phrases such as "equivalent to property rights" and "certificate can be obtained" may constitute fraud, and the buyer may claim to rescind the contract and seek compensation. Fourthly, expropriation and compensation: How to terminate the contract and refund the fees when the parking spaces are expropriated according to law often becomes the focus of litigation.

III. Professional analysis by Henglue Lawyers

Based on Henglue's practical observations in handling parking space and real estate transaction disputes, the key points of civil air defense parking space cases lie in the "identification of the nature of the contract" and the "fulfillment of the obligation to inform". If the developer clearly discloses in the contract that the parking space is located in the civil air defense project area, and only transfers the right to use it, with a clear distinction between the price and the right to ownership of the parking space, the court usually deems the contract valid, and it is difficult for the buyer to obtain support for terminating the contract on the grounds of "being unable to obtain a certificate". Conversely, if there are false promises such as "the ownership certificate can be obtained" and "the rights are the same as those of the ownership parking space", the buyer can claim to rescind the contract due to fraud in accordance with Article 148 of the Civil Code, and request the return of the payment and compensation for losses. In the judicial practice of Beijing courts, it is generally recognized that the provisions exceeding 20 years are invalid, and there are precedents supporting the refund of the fees corresponding to the remaining period. Henglue Lawyers suggest that buyers should retrieve the civil air defense project acceptance documents or verify the location of the parking space with the civil air defense supervision department before signing the contract, make payments through public accounts and request invoices, and properly keep the contract, promotional materials, and communication records. If the developer engages in false advertising or contract fraud, the buyer can take legal action accordingly.Legal services for corporate commercial and contract disputesEvaluate the path of revocation and compensation.

IV. Practical suggestions and legal basis

The main legal basis is: Article 5 of the People's Air Defense Law of the People's Republic of China (implemented on January 1, 1997 and amended on August 27, 2009), which clearly stipulates that civil air defense projects shall be used and managed by investors in peacetime, and the profits shall belong to the investors; Article 705 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), which stipulates that the lease term shall not exceed 20 years; Articles 275 and 276, which stipulate the ownership of parking spaces and the priority of owners; and Article 148, which stipulates that the party may request the rescission of the contract if deceived. Practical suggestions: Before the transaction, verify whether the parking spaces belong to civil air defense projects and request written proof; specify the usage period, cost structure, compensation for expropriation, and liability for breach of contract in the contract; do not easily believe in the verbal promise of "being able to obtain property rights"; keep the promotional materials; retain all receipts after payment; in case of demolition, modification, or expropriation, timely claim refunds or compensation in writing. If no agreement can be reached, complaints may be lodged with the competent departments of housing and urban-rural development or through litigation. For refund judgments that have entered the enforcement stage, relevant measures may be taken in conjunction with the enforcement of the refund judgments.Legal services for creditor-debtor relations and enforcement casesPromote the collection of payments.

5. Henglu Law Firm's Advice

The core risk of civil air defense parking space transactions is that "there is a right to use but no ownership". Purchasing decisions should be based on convenience of self-use and price discounts, rather than expectations of appreciation in value; the part with a term exceeding 20 years is not legally protected. When signing the contract, the actual effective period should be converted, and no consideration should be paid for "permanent use"; the contract must be stamped with the developer's official seal. Be vigilant against personal name collection of payments and verbal promises. For those who have already purchased civil air defense parking spaces, they should keep the contract, invoice, and promotional materials intact. When encountering project transfer, expropriation, or changes in management, they can claim rights with these documents; if they find false sales propaganda, they should pay attention to the three-year statute of limitations, which starts from the date they know or should have known that their rights have been infringed. If they are unsure about the nature and validity of the contract, they should consult a lawyer before signing it, as the cost is far lower than litigation afterwards. For other difficult ownership issues, they can refer to the relevant provisions.Special services and legal services for other cases.

VI. Frequently Asked Questions

Q1: Can I get a real estate ownership certificate if I buy a civil air defense parking space?

Generally, this is not allowed. Civil air defense projects serve a wartime protection function, and in practice, it is difficult to register the property rights under an individual's name. The so-called "purchase" actually refers to the transfer of the right to use the property. According to Article 5 of the People's Air Defense Law of the People's Republic of China, civil air defense projects are normally used and managed by investors during peacetime, and the profits therefrom belong to the investors. Purchasers can only obtain the right to use the property in accordance with the contract. Before signing the contract, purchasers can require the developer to present the property rights documents or certificates from the civil air defense authorities to verify the nature of the project. If the developer has promised that "certificates can be obtained" but failed to fulfill the promise, purchasers can review whether this constitutes fraud according to Article 148 of the Civil Code and claim to rescind the contract, return the payment, and seek compensation for losses.

Q2: For disputes over the right to use civil air defense parking spaces, what evidence do I need to prepare?

The core evidence includes: the transfer contract or lease contract for the parking space usage rights (to prove the agreement and term between the two parties), payment receipts and invoices (to prove the performance of the contract), sales promotional materials and chat records (to prove whether there are false promises), proof of the scope of the civil air defense project or planning drawings (to prove the nature of the parking space), and property management fees and usage records (to prove actual possession and use). The organization of the evidence revolves around "the nature of the parking space - the validity of the contract - whether the other party committed fraud - the amount of the loss". Promotional leaflets, photos of the model apartment, and recorded promises made by sales consultants all have evidentiary value. It is important to retain relevant evidence before and after signing the contract.

Q3: How much does it cost to buy a people's parking space, and how much does it differ from a property-right parking space?

The prices vary greatly depending on the city and the project. Civil air defense parking spaces, which lack property rights, are typically priced significantly lower than those with property rights in the same residential community. The common discount ranges from 30% to 50%, and the transfer price of a single parking space ranges from tens of thousands to hundreds of thousands of yuan. It should be noted that even if it is agreed to "purchase outright," legally, it is only a long-term lease. The portion exceeding 20 years is invalid according to Article 705 of the Civil Code. When evaluating the cost, the validity period should be converted into annual usage costs, and then compared with the purchase price and management fees of parking spaces with property rights to determine whether it is cost-effective. Never just look at the total price alone.

Q4: How long does it usually take to resolve a lawsuit over the right to use civil air defense parking spaces?

The first-instance ordinary procedure generally concludes within six months from the date of filing, and the simplified procedure concludes within three months; contract disputes with clear facts are usually handled according to the simplified procedure, with a cycle of about two to four months. If one party appeals, the second-instance procedure generally concludes within three months. After the judgment takes effect, it enters the performance or enforcement stage. The enforcement cycle of refund-related judgments depends on the other party's financial situation. Overall, it usually takes several months from filing a lawsuit to obtaining an effective judgment, and cases involving appraisal or public announcement service will take even longer. It is recommended to sort out the evidence and clarify the claims (such as termination and refund, continued performance, or compensation) before filing a lawsuit to avoid procedural repetition.

Q5: If I've already bought a civil air defense parking space but later realize I've been scammed, what should I do?

The process can be divided into three steps: 1. Secure evidence immediately by saving contracts, payment receipts, promotional materials, and audio or chat records of sales promises, especially statements such as "property rights can be handled" and "equivalent to property rights parking spaces". 2. Send a letter to the developer to claim fraudulent rescission or contract invalidation, demanding refunds and compensation for losses, and noting the three-year statute of limitations. 3. If negotiations fail, file a complaint with the housing and urban-rural development authorities, civil air defense authorities, or market supervision departments, and promptly initiate legal action. If the developer has been dissolved or the project has changed ownership, relevant responsible parties can be listed as defendants. For specific solutions, it is recommended to consult a lawyer for evaluation and implementation.

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 evidence materials, so as to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.