Legal provisions on paying property fees for vacant houses

The legal provisions of paying property fees for vacant houses are mainly embodied in the Civil Code of People's Republic of China (PRC) and local regulations. The following are the relevant legal provisions:

1. Article 944 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that the owner shall pay the property fee to the property service provider as agreed. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable time limit. If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

2. In local laws and regulations, such as Weifang City and Xi City, Shandong Province, the Implementation Measures for the Management of Local Property Service Charges have specific provisions on the collection of vacant property fees. If Weifang stipulates that ordinary houses are vacant for more than six months, the property service fee will be charged at 50% of the actual implementation standard; Shandong Province stipulates that for ordinary houses that have been vacant for more than 6 months, the public * * * service fee of the previous property will be reduced or exempted, with a maximum of 60%; Xi 'an stipulates that the property service fee during the vacant period shall be paid at 70% of the charging standard stipulated in the property service contract.

3. Other relevant laws and regulations. It is also clear that even if the owner does not move in after taking over the house, he should pay the property service fee in full and on time in accordance with the contract.

Expenditure on property services includes the following items:

1. Manage the salary, social insurance and welfare expenses of service personnel; 2. The daily operation and maintenance expenses of the parts, facilities and equipment used by the property; 3. Cleaning and sanitation expenses in the property management area; 4. Greening and maintenance costs in the property management area; 5. Maintenance cost of regional order of property management; 6. Office expenses; 7. Depreciation of fixed assets of property management enterprises; 8 * * * part of the property, * * facilities and equipment and public liability insurance costs; 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.

To sum up, the owners of vacant houses still need to pay the property fees according to the contract, but the specific charging standards and whether to reduce or exempt them need to be determined according to local laws and regulations and the specific provisions of the property service contract.

Legal basis:

civil law

Article 944

The owner shall pay the property fee to the property service provider as agreed.

If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.