When handing over a new house, should I pay the property fee first or hand over the house first? Is it legal not to pay the property fee and not to give the key? Are there any relevant legal provision

When handing over a new house, should I pay the property fee first or hand over the house first? Is it legal not to pay the property fee and not to give the key? Are there any relevant legal provisions? 1, which should be a prior room. According to Article 27 of the Urban Real Estate Management Law, "the design and construction of real estate development projects must conform to the relevant national standards and norms. Real estate development projects are completed and can only be delivered after passing the acceptance "; In accordance with the provisions of Articles 17 and 18 of the Regulations on the Management of Urban Real Estate Development and Operation, residential quarters should be completed and accepted, and the documents that need to be filed in accordance with Article 19 can prove whether the "new house" is allowed to be delivered. On this basis, buyers must first confirm that the exclusive part of the "new house" has no quality problems, and some configurations meet national standards.

2. Reaffirm the legality of the accusation. According to Article 11 of the Measures for the Administration of Property Service Charges, property service charges include service costs, statutory taxes and fees, and corporate profits. The nine expenses that constitute the service costs are directly related to the quantity and quality of the parts and facilities used by the property. Therefore, the realty service enterprise shall go through the filing formalities in accordance with Article 29 of the Measures for Undertaking Property Inspection, and publicly file the filing documents such as the realty service contract, management statute, property undertaking inspection agreement and inspection handover record, so as to prove that it undertakes the property according to law, and through the guidance and supervision of the administrative department. The purchaser shall, according to the filing documents, confirm that the realty service enterprise abides by the provisions of Article 10 of the Price Law, and accurately record and verify the service cost and service fee (charging standard); The reporting and filing obligations have been fulfilled in accordance with the regulations, and the provisions of clearly marked property service charges have been observed, and the contents listed in Article 6 have been disclosed.

It is illegal not to pay the property fee and not to give the key. The failure of the buyer and the owner to pay the property fee may be a breach of contract, but it is not necessarily a breach of contract. In particular, laws and administrative regulations also stipulate that the owner does not have to bear the service fee. For example, Article 273 of the Civil Code stipulates that "the owner shall have rights and assume obligations for the part other than the exclusive part of the building"; Paragraph 2 of Article 41 of the Property Management Regulations stipulates that "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"; Summarize the second paragraph of Article 22 of the Beijing Property Management Regulations stipulated by many countries, which stipulates that "the property fees incurred in the month from the date of delivery of the house for sale to the date of termination of the previous property service contract shall be borne by the owner according to the agreement of the house sales contract; If the house sales contract is not agreed, it shall be borne by the construction unit. "

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