202 1 year vacant house property fee charging standard

The main body of property services is the whole community. Owners will sign a property contract when they close the house, and all properties in the community will be charged property fees. The Civil Code, which came into effect on 202 1 1 this year, also stipulates the restrictions on property companies to collect property fees. So what is the charging standard for vacant rooms in 202 1? Vacant housing property fee reduction regulations, let's take a look.

202 1 year vacant house property fee charging standard

At present, most cities in China, housing vacancy rate, account for more than 20%, and all vacant houses in China add up to more than 70 million sets. According to the latest provisions of the Civil Code, these vacant houses must pay a "property fee" of 202 1 regardless of whether the owners live.

From 202 1, 1, 1, the new provisions of the civil code came into effect. The provisions on the payment of property fees are: "Property service personnel provide relevant services in accordance with the regulations, and owners shall not refuse to pay property fees on the grounds that they have not accepted or do not need to accept relevant property services."

Also, when the house is closed, the agreed matters will be clearly marked in the property service contract signed with the property management company. If there is no clear evidence that the property management company does not pay the property management fee, it can be considered as a breach of contract.

The Civil Code also stipulates the restrictions on the collection of property fees by property companies. At the same time, article 944 stipulates that property personnel cannot collect property fees by stopping power supply, water supply, heating and gas supply. The new civil code not only stipulates the service of property and the payment of property fees, but also reaffirms the ownership of the income in the public area of the community. According to the new regulations, if the construction unit, property service company or other managers use the public part of the owner to bring in income, after deducting reasonable costs, the rest will be owned by the owner.

Is it really unnecessary to pay property fees for vacant houses?

Generally speaking, if the property has been sold and delivered to the owner, the owner is the obligor to pay the service fee. After the property is delivered, it shall be borne by the buyer, and the owner's property fee shall be calculated from the date of delivery and collected in full after occupancy.

China's "Property Management Regulations" stipulates in Article 42:

"The property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit." Article 21 also stipulates: "Before the owners and the owners' congress select and employ the realty service enterprise, the construction unit shall sign a written preliminary realty service contract. "

According to the above-mentioned laws and regulations, the charging time of the property service fee undertaken by the development and construction unit shall be subject to the charging time stipulated in the contract signed with the property service enterprise.

Provisions on the reduction and exemption of property fees for vacant houses

(a) the way to collect property fees for the delivered vacant houses.

If the property has been sold and delivered to the owner, the owner is the obligor to pay the service fee. After the property is delivered, it shall be borne by the buyer, and the owner's property fee shall be calculated from the date of delivery and collected in full after occupancy. For vacant properties that have not been occupied for a long time (for more than six months in a row) after the owner moves in, and vacant properties that have not been used for a long time after moving in, the owner shall file a written record with the property management company, pay the vacant property management fee at 70% of the stipulated or agreed service fee standard, or collect the property fee according to the provisions of the relevant departments of provinces, cities and counties on the reduction and exemption of vacant houses.

(two) the way to collect the property fee of the undelivered house.

Article 42 of China's "Property Management Regulations" stipulates: "The property that has been built but has not been sold or handed over to the property buyer shall be paid by the construction unit." Article 21 also stipulates: "Before the owners and the owners' general assembly select the realty service enterprise, the construction unit shall sign a written preliminary realty service contract. "According to the above-mentioned laws and regulations, the charging time of the property service fee undertaken by the development and construction unit shall be subject to the charging time stipulated in the contract signed with the property service enterprise.

(three) the standard of property fees for vacant houses

Property service charges should distinguish the nature and characteristics of different properties, and implement government-guided prices and market-regulated prices respectively. The specific pricing form shall be determined by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the real estate administrative departments.

If the property service charges are subject to government-guided prices, the competent price department of the people's government with pricing power shall, jointly with the real estate administrative department, formulate the corresponding benchmark price and its floating range according to factors such as the standard of property management service level, and publish it regularly. The specific charging standard is agreed by the owner and the property management enterprise in the property service contract according to the specified benchmark price and floating range.

The above is the relevant content of "202 1 Charge Standard for Vacant Property" compiled by Bian Xiao.