2024-03-29 07:21:22
In recent days, parking spaces under apartment buildings have become more expensive in Baku.
Residents living in new buildings reported this to Trend on Thursday, Day.Az reports.
According to them, parking, which cost 60 manats per month, currently costs 90.
But how legal is this?
In this regard, expert on property issues Elnur Farzaliyev told Trend that in some buildings parking can be rented out by the management of the residential complex itself or by the person who bought the underground parking spaces.
“Sometimes parking must be taken into account when constructing apartment buildings. Because there are more and more people in the capital. For this reason, the number of cars is increasing. At the same time, each building must have a parking space depending on the number of apartments. Public catering facilities are opening on the first floors of new buildings .The vast majority of people who come here come by car. However, these sites do not have space to park cars. This is also one of the big problems. According to the Baku General Plan, such circumstances must be taken into account when demolishing buildings.
If parking spaces are privately owned and rented, then the owner can set the desired price. This is not prohibited by law. Since there is no specific tariff in this regard, abuses are inevitable,” E. Farzaliev noted.
Lawyer Arif Nazarov mentioned that in accordance with Article 35 of the Housing Code of the Azerbaijan Republic, objects (including inter-apartment landings, stairs, elevators, elevator shafts or other shafts, corridors that are not part of the apartments in a given building and are intended to serve more than one area in the building, technical floors, attics, basements with engineering structures, equipment serving more than one area in this building (technical basement), etc.) belong to the owners on the right of common shared ownership.
“In addition, reducing the common property in an apartment building is allowed only with the consent of all owners of the building site through the reconstruction of this building. Apparently, by current legislation, parking lots in the basement of an apartment building are not classified as the common property of home owners.
In this regard, homeowners should first of all pay attention to the design documentation of an apartment building. If in the document under consideration part of the basement is designed as a parking lot, the sale of parking lots can be carried out, and for these parking lots you can get an extract from the state real estate register,” the lawyer added.
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