How to pay the property fee before the house decoration? Is there any legal basis?

Forty-second owners should 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.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

measures for the management of property service charge

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Notice of the National Development and Reform Commission and the Ministry of Construction on Issuing the Measures for the Administration of Property Service Charges

Development and Reform Price [2003] 1864 No.

All provinces, autonomous regions and municipalities directly under the Central Government Planning Commission (Development and Reform Commission), Price Bureau, Construction Department and Premises Bureau:

In order to regulate the charging behavior of property management services and protect the legitimate rights and interests of owners and property management enterprises, according to the Price Law of People's Republic of China (PRC) and the Regulations on Property Management, we have formulated the Measures for the Administration of Property Service Charges, which are hereby printed and distributed to you. Please obtain the implementation license.

national development and reform commission

People's Republic of China (PRC) Ministry of Construction

2003 1 1 month 13

measures for the management of property service charge

Article 1 These Measures are formulated in accordance with the Price Law of People's Republic of China (PRC) and the Regulations on Property Management in order to regulate the charging behavior of property services and protect the legitimate rights and interests of owners and property management enterprises.

Article 2 The term "property service charges" as mentioned in these Measures refers to the fees charged by property management enterprises to the owners for the maintenance, conservation and management of houses, supporting facilities and related sites, and for maintaining the environmental sanitation and order in the relevant areas.

Article 3 The State encourages owners to choose property management enterprises through an open, fair and just market competition mechanism. Encourage property management companies to carry out legitimate price competition, prohibit price fraud, and promote the formation of property service charges through market competition.

Article 4 The competent price department of the State Council shall be responsible for the supervision and management of the national property service charges jointly with the competent construction administrative department of the State Council.

The price departments of local people's governments at or above the county level shall be responsible for the supervision and management of property service charges within their respective administrative areas jointly with the real estate administrative departments at the same level.

Fifth property service charges should follow the principles of rationality, openness and the adaptation of charging standards to service levels.

Sixth property service charges according to the nature and characteristics of different properties, respectively, the implementation of government guidance price and market adjustment price. 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.

Article 7 Where government-guided prices are applied to property service charges, the competent price department of the people's government with pricing power shall, jointly with the competent 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 property service charges that are regulated by the market shall be agreed by the owners and the property management enterprises in the property service contract.

Article 8 Property management enterprises shall clearly mark their prices in accordance with the provisions of the competent pricing department of the government, and publicize relevant information such as service contents, service standards, charging items and charging standards in a prominent position within the property management area.

Ninth owners and property management companies can agree on property service fees in the form of contract system or gratuity system.

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

The contract gratuity system refers to the method of charging property services by paying the contract gratuity to the property management enterprise according to the agreed proportion or amount from the property service funds received in advance, and the rest is used for the expenses agreed in the property service contract, and the balance or insufficient part is enjoyed or borne by the owner.

Article 10 In the sales contract signed between the construction unit and the property buyer, the content, service standard, charging standard, charging method and charging start time of the property management service shall be agreed, and the agreements concerning the interests of the property buyer shall be consistent.

Eleventh the implementation of the contract system of property service fees, the composition of property service fees includes property service costs, statutory taxes and fees and the profits of property management enterprises.

The implementation of the property service fee reward system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.

The composition of property service cost or property service expenditure generally includes the following parts:

1, salary of management service personnel, social insurance and welfare expenses drawn according to regulations, etc. ;

2, the daily operation and maintenance costs of * * * parts of the property and * * * facilities and equipment;

3, property management area cleaning costs;

4, the property management area greening maintenance costs;

5, property management regional order maintenance costs;

6. Office expenses;

7. Depreciation of fixed assets of property management enterprises;

8. Part of the property, facilities, equipment and public liability insurance fees;

9. Other expenses agreed by the owner.

The cost of overhaul, medium repair, renewal and transformation of the parts and facilities used by the property shall be paid by special maintenance funds and shall not be included in the expenditure or cost of property services.

Article 12 Where the remuneration system for property service fees is implemented, the property service fees received in advance belong to the escrow nature and belong to the owners who have already paid, and the property management enterprise shall not use them for expenses other than those stipulated in the property service contract.

The property management enterprise shall announce the annual budget and final accounts of the property service funds to the owners' assembly or all owners, and announce the income and expenditure of the property service funds at least once a year.

When the owners or the owners' congress raise questions about the annual budget and final accounts of the property service funds and the income and expenditure of the property service funds, the property management enterprise shall promptly reply.

Thirteenth property service charges take the form of compensation, property management companies or owners' congress can hire professional institutions to audit the annual budget and final accounts of property service funds and the income and expenditure of property service funds in accordance with the provisions of the property service contract.

Fourteenth property management companies should abide by the national price laws and regulations in property services, strictly fulfill the property service contract, and provide the owners with services consistent with quality and price.

Fifteenth owners shall, in accordance with the provisions of the property service contract, pay the property service fee or property service fund in full and on time. If the owner fails to pay the service fee or property service fund within the time limit in violation of the property service contract, the owners' committee shall urge him to pay within a time limit; Overdue payment, property management companies can be recovered according to law.

If the owner and the user of the property agree that the user of the property shall pay the property service fee or the property service fund, the owner shall bear joint and several liability from the agreement.

When the property right is transferred, the owner or property user shall settle the property service fee or property service fund.

Sixteenth included in the scope of property management has been completed but not yet sold, or due to the reasons of the development and construction unit is not handed over to the property buyer on time, the property service fee or property service funds by the development and construction unit to pay in full.

Seventeenth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above fees, it may charge the entrusting unit a handling fee, and may not charge the owners any additional fees such as handling fees.

Eighteenth the use of property * * * parts, * * with facilities and equipment for business, should be approved by the relevant owners, owners' congress, property management companies, in accordance with the provisions of the relevant procedures. Owners' income should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' congress.

Nineteenth property management companies have been entrusted to implement property services and charge corresponding service fees, and other departments and units shall not charge fees of the same nature and content.

Twentieth property management companies to provide services other than those stipulated in the property service contract according to the entrustment of the owners, and the service charges shall be agreed by both parties.

Twenty-first government departments in charge of prices, in conjunction with the real estate administrative departments, should strengthen the supervision of the service content, standards, charging items and standards of property management enterprises. Property management companies that violate price laws, regulations and rules shall be punished by the competent price department of the government according to the Price Law of People's Republic of China (PRC) and the Provisions on Administrative Penalties for Price Violations.

Article 22 The price departments and real estate administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures according to these measures and report them to the National Development and Reform Commission and the Ministry of Construction for the record.

Article 23 These Measures shall be interpreted by the National Development and Reform Commission in conjunction with the Ministry of Construction.

Article 24 These Measures shall be implemented as of June 65438+1 October1day, 2004, and the former Interim Measures of the State Planning Commission and the Ministry of Construction on Property Management Service Charges in Urban Residential Areas (No.2661996) shall be abolished at the same time.