What are the rules for collecting property fees for vacant houses in Shijiazhuang?

Many people don't understand that they have to charge property fees if they can't buy a house. The following is a detailed description of the provisions on the collection of property fees for vacant houses in Shijiazhuang.

empty room

It was revised at the 13th meeting of the Standing Committee of the 12th People's Congress of Shijiazhuang on June 8, 2009 and approved at the 12th meeting of the Standing Committee of the 11th People's Congress of Hebei Province on October 28, 2009. Shijiazhuang Property Management Regulations came into effect on March 10.

Article 37 of the Shijiazhuang Property Management Regulations stipulates: "Property that has been unoccupied, used or renovated for more than three months in a row shall pay 20% of the property service fee during the vacant period. Unless otherwise agreed by both parties to the realty service contract/. The start and end time of the owner's vacant property shall be informed to the property service enterprise in advance and afterwards, and relevant procedures shall be handled. "

Legitimacy analysis of the proportion of property fees charged for vacant houses in Shijiazhuang

On the one hand, through combing the relevant laws, whether it is the superior law such as the Property Law or the Administrative Measures for Property Service Charges promulgated by the National Development and Reform Commission and the Ministry of Housing and Urban-Rural Development (NDRC Price [2003] 1864), there are no relevant prohibitive provisions on how to bear the property fees of vacant houses. In other words, logically, the Regulations of Shijiazhuang Property Management itself does not violate the prohibitive provisions of the superior law. This can be proved by the provisions of the second paragraph of Article 63 of the Legislative Law on the review procedures for the formulation of large municipal and local regulations.

On the other hand, the relevant provisions of the Shijiazhuang Regulations are different from the spirit and principles of the superior law, which is suspected of violating the spirit and principles of the superior law.

First of all, Article 79 of the Property Law stipulates: "If there is an agreement on matters such as cost sharing and income distribution of buildings and their ancillary facilities, it shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the exclusive part of the owner to the total area of the building. " Judging from this article, the principle of sharing the property service fee is firstly stipulated in the agreement, and if there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive area to the total construction area. Therefore, there is only one factor to consider or judge the legal standard for the owner to bear the property service fee, that is, the proportion of the owner's exclusive part in the total construction area has nothing to do with whether the house is vacant.

Secondly, the first paragraph of Article 72 of the Property Law stipulates: "The owner shall enjoy rights and undertake obligations for the part other than the exclusive part of the building; Do not give up rights and fail to fulfill obligations. " Literally speaking, incomplete performance of obligations naturally belongs to the category of non-performance. This provision of the Regulations of Shijiazhuang City just violates the principle of consistency of rights and obligations of the superior law.

Thirdly, Article 41 of the Property Management Regulations stipulates that property service charges should follow the principles of reasonableness, openness and adaptability of charges to service levels, and distinguish the nature and characteristics of different properties. Owners and realty service enterprises shall, in accordance with the measures for the administration of realty service charges formulated by the competent price department of the State Council jointly with the administrative department of construction, stipulate in the realty service contract. There are similar provisions in the Measures for the Administration of Property Service Fees, which divide property service fees into government-guided prices and market-regulated prices. These two kinds of property service fees are based on the similarity of housing property rights and have no direct relationship with whether the housing is vacant. However, this provision of the Shijiazhuang Regulations does not distinguish the property rights of houses. The same property service fee is paid at 20% during the vacant period, which is suspected of interfering with the normal market order of property service charges. The property service fee of non-policy housing, which should be decided by market regulation, has been forcibly intervened by public power. At the same time, the government-guided price of policy housing is generally oriented to the whole policy housing, regardless of whether the housing is vacant. Therefore, this provision of the Regulations of Shijiazhuang City is unfair.

Finally, from the nature of the property service fee, the property service fee belongs to a kind of public fund in a broad sense, belongs to the property owned by the obligee, and is specially used for the basic maintenance, repair, renovation and daily management of the property in residential quarters, which is not completely equivalent to the consideration of the property service provided by the property service enterprise based on the property service contract. In other words, this provision of the Shijiazhuang Regulations is suspected of infringing on the legitimate rights and interests of property service enterprises on the surface, and fundamentally infringes on the legitimate rights and interests of all owners. Equal to normal payment, the owner pays the bill for the owner of the vacant house. The nature of the property service fee determines that its charging proportion cannot be confused with the charging proportion and method of heating fee.

Liu, deputy secretary general of Shijiazhuang Property Management Association, elaborated on this. The object of property service is the public service enjoyed by all owners, which is a public product, not a special service provided for a certain owner. Whether the owner actually uses its proprietary part does not have any influence on the service content and cost provided by the property service enterprise. The content of property service is the maintenance, conservation and management of supporting facilities, equipment and related sites in residential areas, as well as the activities of maintaining environmental sanitation and related order in property management areas. As long as you take over the property as soon as you enter the site, property service companies should provide the above services regardless of the occupancy rate of the community. Liu Ming believes that half of the property fees are spent on maintaining equipment, watering and cleaning, and all of them are spent on the owners. Vacant rooms only pay 20%, which is equivalent to deducting this money, and the service quality of the property will inevitably decline. In the end, most owners will suffer.

Article 6 of the Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes (Fa Shi [2009] No.8) issued and implemented by the Supreme People's Court in 2009 also stipulates that the people's court will not support the owner's defense only on the grounds that he does not enjoy or need to accept relevant property services. It can be seen that in practice, when such policies and regulations cause litigation disputes, the owner can not get the support of the people's court by using this as a defense reason. It is gratifying that the regulations of Shijiazhuang set an exception clause, that is, "unless otherwise agreed by both parties to the property service contract". This exception is in line with the provisions of Article 42 of the Property Management Regulations, and the owner shall pay the property service fee according to the agreement in the property service contract.

Provisions on the collection of property fees for vacant houses in other provinces and cities

A careful analysis of the property management regulations promulgated and implemented in various parts of the country shows that most provinces and cities in China, such as Beijing, Tianjin, Shanghai and Chongqing, either did not mention the special measures to collect the property management fees of vacant houses, or stipulated that the property management fees of vacant houses should be collected in full (except those that property service enterprises are willing to make profits), and only a few provinces and cities adopted the method of discount collection.

(The above answers were published on 20 13-06-24. Please refer to the actual situation for the current purchase policy. )

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