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Measures for the administration of new regulations on property charges
Rule number two The term "property service fee" as mentioned in these Measures refers to the fees charged by property management enterprises to the owners for the maintenance, conservation and management of houses and supporting facilities and related sites, and for maintaining the environmental sanitation and order in the relevant areas.
Rule three. The state encourages owners to choose property management companies through an open, fair and just market competition mechanism; Encourage property management companies to carry out legitimate price competition, prohibit price fraud, and promote the formation of property service charges through market competition.
Article 4? The State Council price department in conjunction with the State Council construction administrative department is responsible for the supervision and management of the national property service charges. The price departments of local people's governments at or above the county level shall be responsible for the supervision and management of property service charges within their respective administrative areas jointly with the real estate administrative departments at the same level.
Article 5? Property service charges should follow the principles of reasonableness, openness and adaptability between charges and service level.
Article 6? Property service charges should distinguish the nature and characteristics of different properties, and implement government-guided prices and market-regulated prices respectively. The specific pricing form shall be determined by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the real estate administrative departments.
Article 7? If the property service charges are subject to government-guided prices, the competent price department of the people's government with pricing power shall, jointly with the real estate administrative department, formulate the corresponding benchmark price and its floating range according to factors such as the standard of property management service level, and publish it regularly. The specific charging standard is agreed by the owner and the property management enterprise in the property service contract according to the specified benchmark price and floating range. The property service charges that are regulated by the market shall be agreed by the owners and the property management enterprises in the property service contract.
Article 8? Property management enterprises shall clearly mark the price in accordance with the provisions of the competent pricing department of the government, and publicize the service contents, service standards, charging items and charging standards in a prominent position within the property management area.
Article 9? Owners and property management companies can agree on property service fees in the form of contract system or remuneration system.
Contract system refers to the way that the owner pays a fixed property service fee to the property management enterprise, and the profit or loss is enjoyed or borne by the property management enterprise.
The contract gratuity system refers to the method of charging property services by paying the contract gratuity to the property management enterprise according to the agreed proportion or amount from the property service funds received in advance, and the rest is used for the expenses agreed in the property service contract, and the balance or insufficient part is enjoyed or borne by the owner.
Article 10? In the sales contract signed between the construction unit and the property buyer, the content, service standard, charging standard, charging method and charging start time of the property management service shall be agreed, and the agreement concerning the interests of the property buyer shall be consistent.
Article 11? If the contract system of property service fee is implemented, the composition of property service fee includes property service cost, statutory taxes and fees and profits of property management enterprises. The implementation of the property service fee reward system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.
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