AZE.US
A debate over parking spaces in apartment buildings has resurfaced in Baku, as residents complain that underground parking areas in new residential complexes are being sold separately by construction companies.
The main concern for residents is simple: they buy apartments in a building, but later discover that parking spaces under or near that same building may not automatically belong to them. In some cases, those spaces can be sold, rented out or used as paid parking for outsiders.
Real estate expert Elnur Farzaliyev told Pravda.az that parking spaces in multi-apartment buildings can be sold, and residents of the building may also buy them. He said there are cases where a construction company sells parking spaces to people who do not live in the building.
According to Farzaliyev, the situation depends on how the parking area is managed and legally documented. Some buildings have underground parking areas that are sold to apartment owners. Others have large parking floors that are rented out, allowing anyone to leave a vehicle there for a fee.
He said there is no general ban on such arrangements. If the parking area belongs to the building’s management or is treated as common-use property controlled by the residents, outsiders may be restricted from using it. But if the parking area belongs to the developer or another private owner, that owner may be able to sell or rent the spaces under the terms of the documents.
Farzaliyev also noted that developers usually try to sell parking spaces to residents of the same building, because a lack of parking around residential complexes creates daily problems. But high prices often make these spaces unaffordable for many apartment owners.
Lawyer Arzu Aliyeva said parking spaces can be sold if they are properly documented as vehicle spaces and are on the balance sheet or in the ownership of a legal owner. She said the issue depends on the contract, the ownership status of the parking area and whether any restrictions are included in the documents.
Aliyeva said that in some cases, a parking space may be tied to an apartment and sold only to a resident. But if the parking area belongs to the construction company and the documents do not prohibit sales to non-residents, the space may also be sold to someone who does not live in the building.
In other words, the decisive question is not simply whether the parking space is located under a residential building. The real issue is whether it is part of the residents’ common property, attached to a specific apartment, or registered as a separate asset that the owner can sell.
AZE.US