Detailed rules for the implementation of Yunnan property management regulations

Detailed rules for the implementation of Yunnan property management regulations

The Regulations on Property Management is revised according to the Decision of the State Council on Amending the Regulations on Property Management, and it is a law and regulation formulated to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve people's living and working environment. The State Council was promulgated on August 26th, 2007, and will come into force as of June 65438+1October 65438+1October 2007. ***7 chapters and 70 articles. Let's follow me to see the Detailed Rules for the Implementation of Yunnan Property Management Regulations! I hope it helps you.

The measures for the implementation of the management of property service charges in Yunnan province have been approved by the provincial people's government on August 30th, 2019, and are hereby promulgated and shall come into force as of the date of promulgation.

first

In order to further standardize the behavior of property service charges and protect the legitimate rights and interests of owners and property service enterprises, these measures are formulated in accordance with the laws, regulations and provisions of the People's Republic of China (PRC) Price Law, the Regulations on Property Management and the Measures for the Administration of Property Service Charges, combined with the actual situation of this province.

Article 2 These Measures shall apply to the management of property service charges within the administrative area of this province.

Article 3 The term "owners" as mentioned in these Measures refers to the owners of houses (including garages and parking spaces).

Property service enterprises refer to enterprises with corresponding qualifications engaged in property services.

Article 4

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

Fifth property service charges should follow the principles of openness, fairness and reasonableness, and the fees should be commensurate with the service level.

Sixth price departments at all levels in conjunction with the competent departments of housing and urban and rural construction at the same level shall be responsible for the supervision and management of property service charges within their respective administrative areas.

Article 7

Property service fees include comprehensive management services, maintenance of parts and facilities of the property, maintenance of public order, cleaning services and greening maintenance. , charged by the realty service enterprise in accordance with the contract. The charging standard should correspond to the specific content, quality requirements and service commitment of the service project.

Eighth property service charges should be clearly marked in accordance with the provisions. The realty service enterprise shall publicize the contents, service standards, charging items and charging standards of realty service in a prominent position in the realty service area.

Ninth property service charges should distinguish the nature and characteristics of different properties, and implement government-guided prices and market-regulated prices.

Before the establishment of the owners' congress, property service charges were subject to government-guided prices in residential areas and market-regulated prices in non-residential areas; After the establishment of the owners' congress, property service charges, residential and non-residential areas to implement market-adjusted prices.

Article 10

Where government-guided prices are implemented, the price departments of the state (city) and county (city, district) shall, jointly with the housing and urban-rural construction departments at the same level, formulate corresponding benchmark prices and floating ranges according to the different types of property services, service grade standards, service contents, property service costs, affordability of owners and local social and economic development factors, and announce them to the public in a timely manner, and report them to the price departments at the next higher level and the housing and urban-rural construction departments for the record.

The charging standards for property services subject to government-guided prices shall be adjusted in a timely manner according to changes in local price levels.

Article 11

The charging standards for property services with market-regulated prices shall be stipulated in the property service contract signed by the owners or owners' congress and the property service enterprises in accordance with the principle of equality and voluntariness, and shall be reported by the property service enterprises to the local price departments and the housing and urban-rural construction departments for the record.

Twelfth property services companies shall submit the following materials for the record:

(a) the registration form of property service charges in triplicate;

(2) A copy of the business license;

(three) a copy of the qualification certificate;

(four) a copy of the property service entrustment contract signed by the real estate development enterprise and the property service enterprise, the property service enterprise and the owner or the owners' meeting;

(5) Relevant materials for approving the establishment of the owners' meeting;

(6) Minutes of meetings between the realty service enterprise and the owners' congress and owners' committee;

(seven) other relevant information required by the competent department of price, housing and urban and rural construction.

Article 13

The property service charges of community service facilities (community medical and health services, neighborhood committees, police stations and non-profit community activity centers) built in residential quarters shall be implemented according to the residential property service charges in the same area, unless otherwise agreed in the contract.

Article 14 The property service fee shall be calculated according to the building construction area specified in the Property Ownership Certificate. If the house ownership certificate is not obtained, it shall be calculated based on the housing construction area in the purchase contract or the housing construction area actually measured by the real estate surveying and mapping department.

The property service fee is calculated according to the construction area per square meter per month, starting from the date when the property is delivered to the owner, and the payment period is monthly, quarterly, half a year or one year.

Housing reform, selling houses, public houses and other houses are charged property service fees according to the construction area of commercial housing in the same area, category and structure.

Garage (parking space) property service charges can be charged according to the number of garages (parking spaces) or the legal property area.

Fifteenth before the establishment of the owners' congress, property service charges are temporary charges. Owners in accordance with the relevant provisions of the state and the province to set up owners' meeting and independent hiring of property services companies, should re-agree on new property service charges.

Article 16 A realty service enterprise may provide services beyond those stipulated in the realty service contract according to the entrustment of the owners, and the service remuneration shall be agreed by both parties.

Seventeenth units of water supply, power supply, gas supply, communication, cable TV, municipal solid waste treatment and so on in the realty service area shall charge relevant fees to the end users.

If the realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, the entrusting unit shall pay the handling fee, which shall be agreed by the entrusting unit and the realty service enterprise. The realty service enterprise shall not charge additional fees such as handling fees to the owners.

Where a realty service enterprise accepts the entrustment to collect relevant fees, it shall issue bills of professional business units to the owners and publicize them in a prominent position in the realty service area.

Eighteenth owners should pay the property service fee in full and on time in accordance with the provisions of the property service contract.

If the completed but unsold property in the property service area is not delivered to the property buyer on time due to the reasons of the real estate development and construction unit, the property service fee shall be paid in full by the real estate development and construction unit.

Nineteenth owners and property users agreed that the property user should pay the property service fee, from the agreement, the owners should bear joint and several liability.

Twentieth when the property right is transferred, the owner shall settle the property service fee.

Article 21

Where a realty service enterprise uses the roads, green spaces or other venues owned by the owners in the realty service area as parking spaces for parking vehicles or uses the parts, facilities and equipment of the property to engage in business activities, it shall obtain the consent of the relevant owners or owners' congress and go through the relevant formalities according to law. The proceeds are mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' meeting. The income and the use of funds shall be announced to the owners at least once a year.

Article 22

Parking and storage expenses of motor vehicles and non-motor vehicles in the realty service area shall be negotiated and agreed by the owners and realty service enterprises according to the relevant provisions of the local competent price department, reported to the local competent price department for the record, and clearly marked in a prominent position in the realty service area.

If the service fee for parking and storage of motor vehicles has been charged, the parking space property service fee shall not be charged repeatedly.

Article 23

If the owner carries out interior decoration, the realty service enterprise may charge the owner or the decoration personnel for decoration garbage, muck clearing fee, interior decoration deposit (deposit), decoration personnel pass deposit or production fee, and the specific standards and management measures shall be formulated by the local price department.

Article 24

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. If the facilities and equipment are maintained during the warranty period, the maintenance cost shall be borne by the warranty unit and shall not be included in the property service cost.

The cost of overhaul, medium repair, renewal and transformation of the property parts and facilities for which no special maintenance fund has been established shall be shared by all the beneficial owners according to the facts.

Article 25

If the property service area implements pass management, the real estate development and construction unit shall provide a certain number of passes (including IC cards, etc.). ) provided for the owner free of charge. If the owner applies for multiple configurations or needs to re-apply for a license due to loss or damage, the fee may be charged according to the production cost. The number of free passes and the specific fee standards shall be formulated by the local price departments.

Article 26

During the filing of property service charges, the property service enterprise changes, the management area or the management service standard changes, etc. If the two sides need to adjust the charging items and standards of property services through consultation, they shall go through the filing procedures again.

Twenty-seventh property services companies have been entrusted to implement property services and charge the corresponding property service fees, and other departments and units shall not charge fees with the same nature and content.

Twenty-eighth property services companies to undertake property services projects, to deal with the scope of property services, * * parts, * * facilities and equipment for inspection, and in a prominent position in the property services area to the owners.

Article 29 Where a realty service enterprise insures the parts, facilities and equipment used by the realty and the public responsibilities stipulated in the realty service contract, it shall promptly publicize the insurance policy and the paid insurance premium.

Thirtieth property service enterprises should abide by the national price laws and regulations in property services, strictly fulfill the property service contract, establish and improve the internal management system of enterprises, continuously improve the business environment, and provide services consistent with quality and price for owners.

Thirty-first disputes arising from property services and their charges, the owners, the owners' committee or the property services enterprises can be resolved through consultation, or they can bring a lawsuit to the people's court according to law.

Thirty-second owners have the right to complain and report to the local competent departments of price, housing and urban and rural construction for illegal acts of property service charges.

Thirty-third property service enterprises in violation of price laws, regulations and provisions, shall be punished by the competent price department according to law.

Article 34 If the owner fails to pay the property service fee within the time limit in violation of the property service contract, the property service enterprise may bring a lawsuit to the people's court according to law.

Article 35

Enterprises, institutions or other units in independent residential areas do not employ property service enterprises, but their own units or subordinate institutions provide property services, which can be explained to the employees in the form of workers' congresses or workers' congresses, and implemented with reference to these measures after obtaining the consent of the employees.

Thirty-sixth before the implementation of these measures, the owners have signed a property service agreement or a property service contract with the property service enterprise, and the property service charging standard shall be implemented in accordance with the agreement or contract.

Article 37

These Measures shall come into force as of the date of issuance. "Notice of Yunnan Provincial Development and Reform Commission and Yunnan Provincial Construction Department on Printing and Distributing the Detailed Rules for the Implementation of Yunnan Property Service Charge Management" (No.702 [2005] of Yunfa Reform Price) shall be abolished at the same time. ;