[Direct answer]In the Beijing area, this issue needs to be viewed from two perspectives: The ownership of civil air defense parking spaces belongs to the state, and no one, including developers, can sell the ownership, so there is no such thing as "property inheritance". However, the right to use civil air defense parking spaces (long-term use benefits obtained through leasing, transfer of use rights, etc.) belongs to property rights and can be inherited. If the deceased person paid a consideration to obtain an unexpired right to use the parking space before his death, the heirs can inherit it. If the developer or property management company recovers it on the grounds that "the contract terminates upon the death of the person", there is no legal basis for this. The key evidence is the contract and payment receipts between the deceased person and the developer or property management company.

I. Problem Background and Typical Scenarios

The elderly person spent over 100,000 yuan to purchase the "use rights" of the "civil air defense parking spaces" in the residential community. The contract stipulates "long-term use," but there is no property ownership certificate. After the elderly person passed away, their children wanted to transfer the parking space to their own names to continue using it, but the property management company said, "This is a civil air defense project, and the use rights cannot be inherited. We will take it back and rent it out again." Some developers also take advantage of the information gap to sell the "use rights" as property rights, with prices nearly equivalent to those of property-owned parking spaces. The inheritance disputes over civil air defense parking spaces stem from the fact that most people do not clearly understand its legal nature.

II. Key points of contention

1. The ownership and right of use of civil air defense projects. 2. The validity and maximum duration of the transfer of the right of use contract. 3. Whether the right of use can be inherited as part of an estate. 4. The procedures for the inheritor to assume the right of use.

III. Professional analysis by Henglue Lawyers

The first layer is the underlying nature of the account: The People's Air Defense Law stipulates that people's air defense projects are usually used and managed by investors in peacetime, and the income belongs to the investors—the "investors" of the residential air defense parking spaces are usually identified as developers (the part included in the common area is another matter). Therefore, developers have the right to use and profit from them. In practice, they often monetize them through "transferring the right to use" or long-term leases; but the ownership belongs to the state, and in wartime or during special needs, the government will unifiedly deploy them—this is the root cause of "not being able to buy property rights". Article 705 of the Civil Code stipulates that the lease term shall not exceed 20 years, and the exceeding part shall be invalid—the so-called "perpetual right to use" is actually a lease contract. The part exceeding 20 years is not protected, so it's important to check the contract carefully when signing it. This case is handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative authority) acts as the agent. **Second level: Eligibility of the right of use as an inheritance under the Civil Code**: Article 1122 of the Civil Code stipulates that inheritance refers to the lawful personal property left by a natural person upon their death. Whether the right of use is included in the inheritance depends on whether it is a transferable property right. If the right of use was obtained by the decedent through payment of consideration and has economic value and transferability, it falls within the scope of inheritance. After the heirs inherit the right, they may request the contract parties to amend the contract subject and continue to use the property according to the original contract. As for property parking spaces (independent parking spaces that can be legally registered), they are handled under the real estate inheritance framework, which differs from the approach for civil air defense parking spaces. **Third level: Implementation and enforcement of succession**: If the property management or developer refuses to amend the contract subject, the heirs may rely on three legal grounds to assert their rights: - The rule of general succession of contractual rights and obligations (e.g., the lease remains effective even after ownership transfer during the lease term, and the surviving cohabitant may continue to lease under the original contract); - Judicial precedents on defining the scope of inheritance; - Specific rights corresponding to payment receipts. If negotiations fail, litigation may be initiated to confirm the ownership of the right of use and order the parties to assist in registration or filing. Pre-litigation evidence preparation focuses on the original contract, payment receipts, usage records (access control cards, payment invoices), and the previous management fee collection target of the property management. **Fourth level: Preventive control of transaction risks**: From a family wealth planning perspective, the "purchase" of civil air defense parking spaces should adhere to three principles: - Verifying the civil air defense status (checking the civil air defense acceptance and project scope announcements); - Including transfer and succession clauses in the contract (specifying that "the right of use can be legally transferred and inherited"); - Retaining all payment receipts. Our firm has handled cases where developers refused succession based on "internal regulations". For contracts with clear succession clauses, disputes are typically resolved quickly; without such clauses, litigation relies on evidentiary rules, with success rates directly correlated to the completeness of evidence.

IV. Practical suggestions and legal basis

The first step is to verify the ownership of the parking spaces and distinguish between owned parking spaces and civil air defense parking spaces. The second step is to collect the usage rights contracts, payment receipts, and usage records. The third step is to first negotiate a change in the contract subject and, if unsuccessful, confirm the rights through litigation. The fourth step is to include transfer and succession clauses in the contract when purchasing civil air defense parking spaces. Main legal basis: Article 1122 of the Civil Code of the People's Republic of China regarding the scope of inheritance, Article 705 regarding the term of lease, and Article 5 of the People's Air Defense Law of the People's Republic of China regarding the management of civil air defense projects in peacetime; specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three key points to inherit a civil air defense parking space: the ownership belongs to the state, so don't be fooled by the rhetoric of property rights; the residual right to use the parking space after paying the consideration is an inheritance, with clear legal basis; and a contract with inheritance clauses is more effective than ten lawsuits in the future. For matters involving the inheritance of parking spaces and real estate, you can seek legal assistance through proper channels.Inheritance of property and division of family assetsThe service obtains a comprehensive solution, and those involving contract disputes between property owners and developers can be combined together.Real estate transactions and construction projectsFor plates involving the confirmation of contractual rights and interests, you can refer to the following for referenceBusiness and contract disputes in enterprisesFor any questions regarding the disposal of difficult property rights, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Does buying the "right to use a civil air defense parking space" count as buying a property ownership right?

No. The ownership of civil air defense projects belongs to the state, and one can only obtain the right to use them for a certain period of time. Any civil air defense parking spaces that are claimed to have "property rights" are all at risk.

Q2: The usage rights contract states "perpetual use", is it valid?

A lease that is labeled as "permanent" is actually a lease with a maximum term of 20 years, and any portion exceeding this term is invalid. The substance of the contract should be assessed separately from its wording.

Q3: What should I do if the property management company refuses to change the user based on the "owner qualification" requirement?

The right of use does not require the inheritor to be the owner of the property; upon presenting the inheritance certificate and requesting a change in the contract, if the request is denied, the inheritor may sue to confirm the right of use and request the court to order the other party to assist in the transfer of the right of use.

Q4: How do multiple heirs divide a parking space?

It can be negotiated that one person obtains the right of use and compensates the other heirs with a discount; if no agreement can be reached, the court will handle it according to the actual needs and value of the use.

Q5: If an elderly person hasn't signed a contract but has only paid the money, can they inherit the property?

Payment receipts, records of possession and use, and confirmation of receipt of payment by the developer, etc. can prove the establishment of a contractual relationship; if the evidence is sufficient, the right of use and ownership can still be claimed for inheritance.

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 currently 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 inheritance·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is provided 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 the event of a dispute, please consult a practicing lawyer in a timely manner.