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Is it legal to bind property fees and utilities?
1. According to the provisions of Article 2 of the Price Law, "This Law shall apply to price behaviors that occur within the territory of People's Republic of China (PRC). The prices mentioned in this Law include commodity prices and service prices. Commodity prices refer to the prices of various tangible products and intangible assets. Service price refers to the charges for various paid services "; In fact, the full name of the property fee should be the property service fee, which has been regulated by the Regulations on Property Management, the Measures for the Administration of Property Service Fees, the Provisions on Clearly Marking the Price of Property Service Fees, and is bound by the Provisions on Administrative Penalties for Price Violations (the State Council Order No.461).
2. Water fee belongs to commodity price. Article 3 of the Notice of the Ministry of Housing and Urban-Rural Development on Strengthening and Improving Residential Property Management (Jian Gui [2020] 10) emphasizes that "professional operating units such as water supply, drainage, power supply, gas supply, heat supply, communication and cable TV shall serve the end users according to law, and relevant facilities and equipment in the property service area shall be implemented by professional operating units. In particular, it is emphasized that "end users" are not only supplying water to houses.
According to the above regulations, it is illegal to bind property fees and water fees. According to Article 11 of the Measures for the Administration of Property Service Charges, public facilities should be allocated to property fees. Article 19 of the document (Jian Gui [2020] 10) emphasizes the establishment of a service information publicity system, including "allocation of public facilities".
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