Detailed Rules for the Implementation of Suzhou Property Service Charge Management

Detailed Rules for the Implementation of Suzhou Property Service Charge Management

The Detailed Rules for the Administration of Suzhou Property Service Charge will be implemented on July 20 14 1 day. The following is the full text of the detailed rules I have compiled. Welcome to read the reference!

Chapter I General Principles

Article 1 In order to regulate the behavior of property service charges and safeguard the legitimate rights and interests of owners and property service enterprises, these Detailed Rules are formulated in accordance with the relevant provisions of the Price Law of People's Republic of China (PRC), the Property Law of People's Republic of China (PRC), the Regulations on Property Management in Jiangsu Province, the Regulations on Property Management in Suzhou Residential Areas, and the Measures for the Administration of Property Service Charges in Jiangsu Province, combined with the actual situation of this Municipality.

Article 2 These Detailed Rules shall apply to the charging behavior of property services and their supervision and management activities within the administrative area of this Municipality.

Article 3 The term "property service fee" as mentioned in these Detailed Rules refers to the fees charged by the owners to the owners or property users by employing property service enterprises, professional management institutions or owners to maintain, conserve and manage the buildings, structures, supporting facilities and related sites within the property management area, and to maintain environmental sanitation and related order.

Property service fee includes property service fee, parking fee, special service fee and agency service fee.

Article 4 Respect the owners' right to jointly manage some properties, advocate and guide the selection of property service enterprises or professional management institutions through an open, fair and just market competition mechanism, encourage appropriate price competition, and promote the formation of property service charges mainly through market competition.

Property service charges should distinguish the nature and characteristics of different properties, follow the principle of openness and rationality, and the fees should be adapted to the service level, and the government-guided prices and market-regulated prices should be implemented.

Article 5 The municipal price department shall, jointly with the municipal property management administrative department, be responsible for the supervision and management of the city's property service charges, formulate specific implementation measures and relevant policies and regulations, and guide the management of the city's property service charges.

County-level cities (including Wujiang District, the same below) and district price departments shall, jointly with the property management administrative departments at the same level, be responsible for the policy implementation, supervision and management of property service charges within their respective administrative areas in accordance with the price management authority.

Chapter II Management of Property Service Charges

Article 6 The term "property service fee" as mentioned in these Detailed Rules refers to the fees charged by property service enterprises for providing public basic property services for owners or property users according to property service contracts.

Seventh ordinary residential property public service charges to implement government guidance. The price department shall, jointly with the property management administrative department, comprehensively consider the average cost of property services, the adjustment range of the minimum wage standard and the changes of the consumer price index, formulate the corresponding benchmark price and floating range according to the local property service grade standard or classification standard, and announce it to the public. The municipal price department in conjunction with the municipal property management administrative department is responsible for setting the benchmark price and floating range of Suzhou property service fees, and the county-level city price department in conjunction with the property management administrative department at the same level is responsible for setting the benchmark price and floating range of local property service fees.

The competent price department shall, jointly with the administrative department of property management, evaluate the service level standard or classification standard of the property company and the corresponding benchmark price and floating range every three years, and make timely adjustments according to the evaluation results.

Article 8 Before the sale of newly-built ordinary residential properties, the construction unit shall, within the scope of government-guided prices, select and employ property service enterprises with corresponding qualifications through bidding or agreement according to law, sign a preliminary property service entrustment contract, and stipulate the service contents, service standards and charging standards of the property company. The preliminary realty service entrustment contract shall be reported by the realty service enterprise to the county-level city, district price department and property management administrative department where the realty project is located within 10 working days from the date of signing. The competent price department and the administrative department of property management shall publicize the pre-recorded property service entrustment contract through government websites and other forms.

The specific charging standard for public services of pre-property shall not exceed the highest standard of government guidance price without authorization. A small number of property projects that really need to exceed the highest standard of government-guided prices for providing services and service standards not covered by government-guided prices may apply to the city, county-level city price departments and property management administrative departments for separate verification of the charging standards 20 working days before the tender announcement is issued. The approved charging standard is also the highest charging standard for property bidding in the early stage of the project.

When selling newly-built ordinary residential properties, the housing sales contract signed by the construction unit and the property buyer shall include the property service content, service standards and charging standards agreed in the previous property service entrustment contract. If the housing sales contract does not stipulate the public service fee for the property in the early stage, it shall be borne by the construction unit. The realty service enterprise selected by the construction unit shall sign the realty service agreement with the property buyer according to the contents of the preliminary realty service entrustment contract.

Ninth new ordinary residential property delivery, property service fees in accordance with the contract.

Before the establishment of the owners' congress, the owners' congress or the property management committee (hereinafter referred to as the owners' congress), if the standard of ordinary residential property service fee needs to be adjusted due to the change of service cost, or needs to be improved due to the change of government-guided price standard, the property service enterprise shall, under the organization, guidance and supervision of the sub-district office (Township People's Government), disclose the true, complete and effective information of property service cost and solicit the opinions of the owners. With the consent of the owners whose exclusive area accounts for more than half of the total construction area and accounts for more than half of the total number of people, the owners make a unanimous decision, implement the adjustment within the scope of government guidance price and agree to implement it.

After the establishment of the owners' congress, the standard of public service fee for ordinary residential property shall be decided by the owners' congress or the owners' committee authorized by the owners' congress, and shall be implemented in accordance with the contract with the property service enterprise.

Article 10 All kinds of villas, senior apartments, decorated commercial houses, residential quarters with plot ratio equal to or lower than 1.0, and non-residential properties such as office buildings, factories and commercial buildings shall be subject to market-adjusted service charges, and the specific charging standards shall be implemented by the owners, property users and property service enterprises.

If the house is approved for business, the charging standard for property services shall be determined by the owner and executed according to the contract.

The owner adopts the service charge standard of self-management or the combination of self-management and entrusted professional institutions, which is decided and agreed by the owner.

Public service charges for affordable housing property shall be implemented in accordance with the relevant provisions of the local government.

Eleventh property services can take the contract system or charging system and other billing methods. The specific way is determined by the owners' meeting and the realty service enterprise through consultation; Before the establishment of the owners' congress, the construction unit, the realty service enterprise and the owners agreed in the preliminary realty service entrustment contract and the preliminary realty service agreement.

Contract system refers to the way that the owner pays a fixed property service fee to the property service enterprise, and the profit and loss are borne by the property service enterprise.

The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner.

Twelfth property service fees are generally composed of the following factors:

(1) Manage the salaries of service personnel, social insurance, trade union funds and employee education funds extracted according to regulations;

(two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property;

(3) cleaning and sanitation costs;

(4) Greening and maintenance costs;

(5) order maintenance costs;

(six) the office expenses of the realty service enterprise;

(seven) depreciation of fixed assets of property service enterprises;

(eight) property sites, facilities and equipment and public liability insurance fees;

(9) Management fee sharing (contract gratuity system does not include this item);

(10) Other expenses agreed by the owners' meeting;

(1 1) Legal taxes and fees and reasonable profits (or remuneration).

The maintenance, renewal and renovation costs of the parts and facilities used by the property * * * shall be paid by the residential special maintenance fund, and shall not be included in the property service expenditure or property service cost.

Thirteenth residential facilities and equipment maintenance and management, cleaning and greening and other property services in the process of water, electricity and gas prices, except for car washing, catering and other business water, electricity and gas, in accordance with the local residents' use price standards.

Facilities and equipment used in the property management area generally include elevators, antennas, fire-fighting facilities, corridor lighting, street lamps, roads, greening, water pumps, non-operating parking garages, monitoring and security facilities, public welfare cultural and sports facilities, property service houses and houses used by facilities and equipment.

Non-operating parking lots and garages refer to parking spaces and garages that provide vehicle parking services for owners or property users within the property management area.

Fourteenth property service fees are calculated according to the construction area registered by the house ownership certificate (except the garage); If it has not been registered, it shall be calculated according to the construction area recorded in the house sales contract. The attached housing area not included in the property right area is not regarded as the billing area.

Fifteenth included in the scope of property management has been completed but not yet sold or delivered to the property buyer, the property service fee shall be borne by the construction unit in full. From the month following the delivery formalities, the property service fee shall be paid by the owner or the user of the property.

If the property is leased or given to others for use in other ways, the property service fee may be paid by the property user, but the owner shall bear joint and several liability.

Article 16 During the prophase property management of newly-built ordinary houses, if the owner fails to check in or does not use it after check-in, and informs the property service enterprise in writing in advance, the property service fee will be paid at 70% within a period not exceeding 24 months, and the preferential period exceeding 24 months can be determined by both parties through consultation. After the establishment of the owners' congress, the preferential measures shall be determined by the owners' congress or the owners' committee authorized by the owners' congress through consultation with the realty service enterprise. Preferential measures for public service fees for non-ordinary houses and non-residential properties shall be implemented in accordance with the contract.

Article 17 A realty service enterprise may collect the realty service fee in advance according to the contract, but the longest period of such collection shall not exceed 0.2 months.

Chapter III Parking Charge Management

Eighteenth parking fees are the fees charged by property service enterprises or professional management institutions for the maintenance and management of parking lots, garages and supporting facilities and related sites. Car parking fees are generally composed of the following factors:

(1) Management service personnel expenses;

(2) Energy consumption and maintenance costs of public facilities and equipment in parking spaces and garages;

(3) cleaning and sanitation costs;

(4) order maintenance costs;

(5) statutory taxes and fees, etc.

If the owner's roads or other venues are occupied for car parking, the car parking fee shall also include a reasonable part of the income for appropriate compensation for the occupation of public resources.

Parking space rent is the fee charged by the owner or manager of the parking space to rent the parking space from the user.

Nineteenth residential car parking fees and parking spaces to implement government guidance. The price department shall, jointly with the property management administrative department, comprehensively consider the average cost of automobile parking management services, parking spaces, garage construction costs and other factors, formulate and publish the benchmark price and floating range of automobile parking charges and parking space rents, and adjust them in a timely manner. The municipal price administrative department in conjunction with the municipal property management administrative department is responsible for setting the benchmark price and floating range in Suzhou, and the county-level price administrative department in conjunction with the property management administrative department at the same level is responsible for setting the benchmark price and floating range in this region.

Twentieth property management area owners * * * owned, exclusive, dedicated parking spaces and garages, should distinguish between the exclusive rights and interests of parking spaces and garages, management service fees and other factors to collect parking fees and rents.

Car parking fees in the same parking lot should be consistent, and underground and above-ground parking fees should be kept at reasonable prices.

Twenty-first occupation of the owner's road or other venues to park cars, before the establishment of the owners' meeting, it should be agreed in the preliminary property service contract; After the establishment of the owners' congress, it shall be based on the decision of the owners' congress or the owners' committee authorized by the owners' congress.

Twenty-second car parking service fees charged by the realty service enterprise or professional management institutions according to the realty service contract; The rent shall be collected by the owner or manager of the parking space in accordance with the contract, and may also be collected by the property service enterprise and accounted for separately. The specific charging standards for car parking fees and parking space rents in residential areas shall comply with the provisions of government-guided prices.

In order to improve the efficiency of parking spaces, other effective management methods such as unfixed parking spaces and first-come-first-served parking spaces are encouraged. For residential quarters that adopt other management methods, the monthly cumulative amount of car parking fees and parking space rents shall comply with the provisions of government-guided prices.

Twenty-third civil air defense works built in accordance with the law in the property management area are usually used as parking berths, and the specific charging standards for parking berth fees and rents are determined within the specified benchmark price and floating range.

The parking fees and rental income collected by civil air defense works shall be used as necessary expenses for the maintenance and parking management of civil air defense works facilities in accordance with relevant regulations. Its management measures shall be implemented in accordance with the relevant provisions of the province.

Twenty-fourth in the premise of meeting the parking needs of owners, conditional residential areas can set up temporary parking spaces for tourists and other temporary parking spaces. Temporary parking fees, should provide no less than 2 hours of free parking. After the establishment of the owners' congress, the free parking time shall be determined through consultation between the owners' congress or the owners' committee authorized by the owners' congress and the realty service enterprise. Temporary parking fees shall be charged by the realty service enterprise or professional management institution according to the realty service contract or the owner's decision, and the specific charging standard shall conform to the provisions of the government-guided price.

Vehicles entering residential areas due to military and police emergency rescue, emergency rescue, municipal engineering emergency repair and other official duties, as well as temporary parking vehicles that provide distribution, maintenance, installation, moving and other services for owners and property users, property service enterprises shall not charge any fees.

Twenty-fifth non-motor vehicle parking service charges within the property management area shall be implemented in accordance with the relevant provisions of the local government price department.

Chapter IV Management of Other Service Charges

Article 26 The term "special service fee" as mentioned in these Detailed Rules refers to the fees charged by property service enterprises for providing special services according to the requirements of owners or property users.

The charging standard of special service fee shall be determined by both parties through consultation according to the service content and service standard.

Twenty-seventh the agency service fee mentioned in these rules refers to the fees charged by the realty service enterprise to the client when it accepts the entrustment and provides the agency service.

The charging standard of agency service fee shall be determined by both parties through consultation according to the service content and service standard.

Twenty-eighth property management area, water supply, power supply, gas supply, heating, communications, cable television and other professional business units shall charge the relevant fees to the end users. If a realty service enterprise accepts fees entrusted by a professional business unit, it may collect agency fees from the entrusting unit as agreed, and may not collect additional fees such as handling fees from the owners. End-users refer to the final household owners or actual users who receive water supply, power supply, gas supply and heating services.

Article 29 The collection and payment expenses refer to the expenses borne by all or part of the owners in the property management area, which cannot be directly included in the operating electricity charges of elevators, pumps, central air conditioners, central heating, monitoring machine rooms and other equipment of a single owner, as well as the annual inspection and maintenance expenses of elevators, public lighting, public water and other equipment. , collected and remitted by the realty service enterprise. Has been included in the cost of property services, shall not be charged again.

The fees collected and remitted by the realty service enterprise shall be accounted for separately, and shall be reasonably shared with the owners or property users in accordance with the actual expenses and the agreed way. The apportionment method shall be stipulated in the realty service contract. If there is no agreement or unclear agreement in the contract, it shall be shared according to the proportion of the owner's exclusive part to the total construction area. Owners (including vacant house owners) should pay the collection and remittance fees on time according to the assessed amount.

The realty service enterprise can charge a certain fee to the owner in advance according to the regulations, and the difference between the prepaid fee and the actual shared fee will be refunded more and replenished less, and the excess can also be automatically converted into prepaid fee.

Thirtieth when the new house is delivered for use, it is not allowed to charge additional fees for supporting facilities and equipment in addition to the house price, and it is not allowed to charge additional fees for necessary attached items. After the property is delivered for use, if facilities and equipment are newly built, rebuilt or expanded within the property management area, the construction and operation costs shall be borne in accordance with the relevant provisions. If there are no provisions, it shall be implemented in accordance with the agreement.

In order to maintain public order in the property management area, the production costs incurred by the property service enterprises in issuing licenses and key cards to the owners shall be included in the corresponding service costs according to the principle of equal rights and obligations; If the owner applies for other needs or needs to make up for improper storage, he may charge the applicant according to the principle of cost compensation.

If the newly-built residential area implements the management of access cards (cards), the construction unit (or property service enterprise) shall not separately charge the owner the construction cost and daily maintenance cost of access control system in addition to the house price and property service fee, and shall be equipped with no less than 4 access cards (including IC cards, etc.). ) provided to every owner and property user free of charge.

If the parking lot in the property management area is managed by access card, it shall provide 1 card (card) for the owner free of charge.

The realty service enterprise may collect the deposit of the pass (card) according to the production cost, and shall return the deposit in full after the certificate is returned intact. If the certificate is lost or damaged, it can charge no more than the deposit amount.

Thirty-first use of * * part of the owners, * * facilities to engage in business, the proceeds in accordance with the owners' congress or the owners' committee authorized by the owners' congress, property services contract agreed to use; If there is no decision or agreement, 70% will be included in the special maintenance fund, and the rest can be used to subsidize the property service fee.

Chapter V Code of Conduct

Article 32 A realty service enterprise shall abide by laws, regulations and relevant policies and regulations, strengthen price self-discipline, standardize service behaviors, strictly perform realty service contracts, provide quality and price-consistent services for owners, and accept the supervision of owners. When the owners raise questions about the property service, the property service enterprise shall reply in time.

Where a realty service enterprise subcontracts some professional services in the realty service contract to other enterprises, it shall not lower the service quality, reduce the service content or raise the charging standard. The realty service enterprise undertakes the responsibility of supervising and finally fulfilling the realty service contract.

If the realty service enterprise fails to perform or fails to fully perform the maintenance, conservation, management and repair obligations agreed in the realty service contract or determined by laws, regulations and relevant industry norms, the owners may request the owners' committee to supervise the performance, or complain to the neighborhood offices (township people's governments) and relevant competent departments, or bring a lawsuit to the people's court according to law, requiring the realty service enterprise to bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 33 The property service charges shall be clearly marked, and the property service enterprise shall publicize the enterprise name, service content, service level, service standard, charging method, charging items, charging standards and charging basis in a prominent position in the property management area, as well as the complaint telephone numbers of enterprises, property management administrative departments and price administrative departments, and accept the supervision of the owners or property users.

When the construction unit sells new residential properties, it shall publicize the relevant information of the above-mentioned property service charges in a prominent position in the sales place, as the content of clearly marked real estate sales.

Thirty-fourth property service enterprises should improve the internal financial management system and strengthen the cost restraint mechanism. If the same property service enterprise serves multiple property management areas at the same time, the service cost and revenue and expenditure shall be accounted for separately according to the property management areas.

The realty service enterprise shall separately account for the car parking fee, the income from operating facilities and the fees collected and remitted. Publicize car parking fees, revenue and expenditure of operating facilities, and collection of fees in a prominent position in the property management area. Publicize it at least once every six months, and accept the inquiries and supervision of the owners, property users and sub-district offices (township people's governments). The publicity time shall not be less than 15 days.

Where the contract system is implemented, the realty service enterprise shall establish separate accounts for the specific realty area where management and service are implemented, announce the financial revenue and expenditure in accordance with the stipulations of the realty service contract, and accept supervision.

Where the charging system is implemented, the realty service enterprise shall announce the income and expenditure of realty service fees to the owners' assembly or all owners, and accept the verification of the owners' committee. The realty service enterprise or the owners' assembly shall, in accordance with the stipulations of the realty service contract, employ a professional institution to audit the annual budget, final accounts and income and expenditure of the realty service fee. Audit fees shall be borne in accordance with the provisions of the realty service contract.

Thirty-fifth owners should pay the property service fee on time in accordance with the provisions of the property service contract. If the owners violate the property service contract and fail to pay the service fee within the time limit, the owners' committee shall urge them to pay within a time limit; If it fails to pay within the time limit, the realty service enterprise may claim compensation according to the stipulations of the realty service contract.

When the property right or the right to use the property is transferred, the owner or the user of the property shall promptly settle the fees such as property service and collection and payment.

Thirty-sixth property services companies should comply with the provisions of the property service deposit, deposit, deposit and other forms of disguised charges are strictly prohibited.

The realty service enterprise shall not collect decoration deposit or security deposit from the owners and property users. If the realty service enterprise needs to charge for providing additional services other than basic services for the decoration activities of the owners and property users, it can report to the city, county-level city price department and the property management administrative department according to the actual cost, and implement it after the charging standard is approved.

Thirty-seventh property services companies shall not be forced to provide services and charge fees or only charge no services. Where a realty service enterprise accepts the entrustment to implement realty service and charges corresponding service fees, other departments and units shall not repeatedly charge the same fees with the same nature and content.

Chapter VI Supervision and Administration

Thirty-eighth price departments should implement the cost supervision and examination system for property service charges managed by the government. The realty service enterprise shall, in accordance with the requirements of the competent price department, truthfully reflect the situation and provide the necessary information.

The administrative department in charge of property management shall formulate and improve the public service standards of ordinary residential property in a timely manner, and strengthen the supervision of property service behavior.

The administrative department of property management shall, jointly with the competent price department, strengthen the supervision and management of the bidding price behavior and the performance of the contract, and handle the complaints about property services in a timely manner.

The property service industry association shall strengthen the self-discipline management of the industry, standardize the practice behavior, promote the honest management and improve the property service level.

Thirty-ninth price departments and property management administrative departments should strengthen the supervision and inspection of the service content, service quality, charging items and charging standards of property service enterprises. The realty service enterprise has one of the following acts, which shall be handled by the competent price department according to law.

(a) beyond the floating range of the government guidance price to set the charging standard;

(two) do not provide services in accordance with the provisions and collect fees;

(3) Raising the charging standard in disguised form by decomposing charging items, repeating charging and expanding the charging scope;

(four) compulsory or disguised compulsory services and charges;

(five) commissioned by water supply, power supply, gas supply, heating, communications, cable television and other professional business units. , when collecting the relevant fees, charge additional fees to the owner;

(six) not according to the provisions of the price tag;

(seven) failing to publicize or falsely report the property service fee, revenue and expenditure of operating facilities, fee collection, etc. According to legal requirements;

(eight) other acts in violation of price laws, regulations and rules.

Fortieth price departments, property management administrative departments do not follow

Chapter VII Supplementary Provisions

Forty-first county-level cities can formulate specific measures according to these rules and local conditions, and report them to the municipal price department and the municipal property management administrative department for the record.

Forty-second other managers' property service charges can be implemented with reference to these rules.

Forty-third before the implementation of these rules, the two sides have agreed on matters such as property service charges through agreements, contracts and other forms according to law, and continue to implement the original agreement.

Forty-fourth these rules shall be interpreted by the Municipal Price Bureau and the Municipal Housing and Urban-Rural Development Bureau within their respective functions and powers.

Article 45 These Rules shall come into force on July 20 14 1 day. Previously inconsistent with these rules, these rules shall prevail.

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