Is it legal to refuse to pay the property fee without handling the real estate license?

It is illegal to refuse to pay the property fee without a real estate license.

First, the relationship between real estate license and property fee

The real estate license is the legal certificate of house ownership, which proves the ownership of the house. Property fee is the fee paid by the owner to enjoy the property service, and their nature and function are completely different. Failure to apply for a real estate license does not mean that the owner does not enjoy property services, so it cannot be used as an excuse to refuse to pay property fees.

Second, the owner's obligation to pay

According to the "Property Management Regulations" and other relevant laws and regulations, the owners are obliged to pay the property service fee in full and on time according to the property service contract. Property service fee is an important source of funds to maintain the normal operation of the community and protect the interests of the owners, and the owners cannot refuse to pay at will.

Third, protect the rights and interests of property companies.

As the main body providing property services, property companies have the right to require owners to pay property fees on time. For owners who fail to pay property fees on time, property companies can take legal measures to demand payment, and even protect their rights and interests through legal channels.

Fourth, legal channels to safeguard rights.

If the owners have objections to the quality of property services, or think that there are problems such as unreasonable charges in the property company, they can defend their rights through legal channels. For example, complain to the relevant departments, negotiate with the property management company, apply for arbitration or file a lawsuit. But in any case, you can't refuse to pay the property fee on the grounds that you didn't apply for the real estate license.

To sum up:

Failure to apply for a real estate license cannot be a legitimate reason for refusing to pay property fees. The owner shall pay the property service fee in full and on time in accordance with the property service contract. Owners have objections to the quality of property services or fees, and should protect their rights through legal channels.

Legal basis:

property management regulations

Article 4 1 stipulates that:

The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Contract law of the people's Republic of China

Article 107 stipulates:

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

People's Republic of China (PRC) property right law

Article 72 provides that:

The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Never give up your rights or fulfill your obligations.