How does the national property law charge for vacant houses?

Property fees are charged according to the legal property area:

According to the regulations, the property service fee is charged according to the legal property area. If the property right certificate has been handled, the construction area recorded in the property right certificate shall prevail; If the property right certificate is not handled, the construction area indicated in the purchase contract shall prevail.

The owner shall pay the property service fee or property service fund in full and on time in accordance with the property service contract. If the owners violate the property service contract and fail to pay the property service fee or property service fund within the time limit, the owners' committee shall urge them to pay within a time limit.

What items does the property fee include?

Property fees include the following nine major expenses:

1. Salary and welfare of management and service personnel

This fee includes: basic salary, welfare, overtime and clothing, but does not include bonuses for management and service personnel.

2. Daily operation, maintenance and maintenance expenses of public facilities and equipment.

This fee includes: all kinds of civil repair fees for public buildings, public lighting fees, maintenance fees for fire-fighting facilities, etc.

3. Greening management fee

This fee includes: greening tool fee, greening water fee, pesticide and fertilizer fee, labor protection tool fee, weed cleaning fee, landscape renovation fee, etc.

4. Cleaning and sanitation fee

This fee includes: cleaning tool fee, labor insurance supplies fee, garbage transportation fee, sanitation and antivirus fee, septic tank cleaning fee, and other expenses required for cleaning and sanitation.

5. Security costs

This fee includes: personal insurance premium of security personnel, security equipment and equipment fee, security house and security personnel housing rent, etc.

6. Office expenses

This fee includes: office rent, transportation fee, communication fee, low-value and consumable office supplies fee, books and newspapers fee, advertising community culture fee and other miscellaneous fees.

7. Depreciation expense of fixed assets of property management enterprises

Fixed assets include: means of transport, communication equipment, office equipment, engineering maintenance equipment and other equipment. The average depreciation period of fixed assets is usually 5 years, so there will be depreciation expenses.

8. Profit

The property management company wants to make money, so the property fee you pay also includes the profits of the property management company. Generally speaking, the average profit rate of ordinary residential quarters is not higher than the social average profit rate.

9. Statutory taxes and fees

Property companies should also pay taxes according to law, and the main tax category of property companies is value-added tax.

Can the property sue the owner without paying the property fee?

Property that does not pay the property fee can sue the owner. If the owner is sued for not paying the property fee, the court will mediate. If mediation fails, the court will generally order the owner to pay the property fee. If the owner refuses to perform, the property company may apply for compulsory execution. Property service providers shall regularly disclose service matters, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds and operating income of some owners in a reasonable way, and report to the owners' meeting and owners' committee.

How to apply for a waiver of vacant property property fees?

Vacant housing property fee waiver application process:

Step 1: The owner submits the rescue information to the property staff.

Step 2: The property requires the owner to provide the vacancy certificate.

Step 3: The staff verifies the vouchers provided and initially determines that the house is vacant.

Step 4: After the voucher is reviewed, it is preliminarily determined that it meets the conditions for on-site inspection and exemption.

Step 5: The house is vacant. Step 6: Submit the application for property fee reduction of vacant houses.

Step 7: Internal audit of the property management company.

Step 8: Payment processing.

legal ground

People's Republic of China (PRC) Civil Code

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee.

Property service providers include property service enterprises and other managers.

Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.

Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.

Article 940th Prior to the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners' committee or the owners and the new realty service provider comes into effect, the preliminary realty service contract shall be terminated.

Article 941 Where a realty service provider entrusts special services within the realty service area to a professional service institution or other third party, it shall be responsible to the owner for the special services.

property management regulations

Fortieth property service charges should follow the principles of rationality, openness and the adaptability of fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Forty-first 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.

Forty-second price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

Article 43 A realty service enterprise may, upon the entrustment of the owners, provide services beyond those stipulated in the realty service contract, and the service remuneration shall be agreed upon by both parties.

Forty-fourth 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.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.