Detailed rules for the implementation of the regulations of Guangzhou Municipality on the administration of property service charges

Detailed Rules for the Implementation of Guangzhou Property Service Charge Management

Article 1 In order to regulate the charging behavior of property management services in our city and protect the legitimate rights and interests of owners and property management enterprises, these Detailed Rules are formulated in accordance with the Regulations on Property Management of the State Council, the National Development and Reform Commission and the Measures for the Administration of Property Service Charges of the Ministry of Construction. Notice on Implementing the Measures for the Administration of Property Service Charges and the Measures for the Administration of Property in Guangzhou by the National Development and Reform Commission and the Ministry of Construction.

Article 2 Property service charges refer to the fees charged by property management enterprises to the owners for the maintenance, conservation and management of houses, supporting facilities, equipment and related sites, and for the maintenance of environmental sanitation and order in relevant areas.

Article 3 The government 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 Property service charges shall follow the principles of reasonableness, openness, and adaptability of fees and service levels.

Fifth city and district, county-level city government price departments in conjunction with the real estate administrative departments at the same level shall be responsible for the management of property service charges within their respective administrative areas.

Sixth owners and property management companies can use contract system, contract fee system, combination system and other forms to agree on the way of charging.

Contract system refers to the way that the owner pays a fixed property service fee to the property management enterprise, and the profit and loss are 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.

Combination system refers to the management mode and charging method that owners hire management enterprises according to the needs of property services and pay according to the service items.

Seventh ordinary residential property service charges under the contract system and remuneration system shall be subject to government guidance.

The government-guided price shall be formulated by the municipal government price department in conjunction with the real estate administrative department according to factors such as the standard of property management service level, and the corresponding grade benchmark price and floating range shall be published 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.

Eighth ordinary residential property service charges and high-grade residential and villa property service charges and non-residential property service charges to implement market-adjusted prices.

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 9 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 agreements concerning the interests of the property buyer shall be consistent.

When the property management service time agreed in the sales contract is terminated, it shall be decided by the owners' meeting, and the owners and the property management enterprise shall re-agree in the property service contract according to the same service charge standard.

Tenth the implementation of the contract system of property service fees, the composition of property service fees includes property service costs, statutory taxes and fees and the 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. The proportion or amount of remuneration shall be agreed by both parties in the realty service contract.

The composition of property service cost or property service expenditure generally includes the following parts:

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 paid by the property managed by the property management enterprise;

7. Depreciation of fixed assets of properties managed by 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.

Article 11 Where the remuneration system for property service fees is implemented, the property service fees received in advance belong to the escrow nature and belong to the owners who have already paid, and the property management enterprise shall not use them for expenses other than those stipulated in the property service contract.

The property management enterprise shall announce the annual budget and final accounts of the property service funds to the owners' assembly or all owners, and announce the income and expenditure of the property service funds at least once a year.

When the owners or the owners' congress raise questions about the annual budget and final accounts of the property service funds and the income and expenditure of the property service funds, the property management enterprise shall reply in time.

Twelfth property service charges to implement the charging system, property management companies or owners' congress may, in accordance with the provisions of the property service contract, hire professional institutions to audit the annual budget and final accounts of property service funds and the income and expenditure of property service funds. If one party disagrees with the professional organization hired by the other party, both parties shall hire the same professional organization to audit the budget and final accounts of the property service funds and the income and expenditure of the property service funds.

Thirteenth property service charges according to the statutory property area. If the real estate license has been handled, the construction area recorded in the real estate license shall prevail, including the interior construction area and the apportioned construction area; If there is no property right certificate, the construction area in the real estate sales contract shall prevail. Unless otherwise agreed.

Property service fees are charged monthly. No advance payment is allowed unless the owner is willing.

Article 14 The property service charges for education, medical and health facilities in residential quarters shall be determined by the property management enterprise and the owners or users of the property in the property service contract in accordance with the highest floating upper limit charging standard lower than the government-guided price of residential property and the ordinary residential property service charges announced by Guangzhou in the same period.

Fifteenth residential commercial and office buildings can be charged on the basis of residential property services, and the specific charging standards are agreed by the property management enterprise and the owners or users of commercial and office buildings in the property service contract with reference to the same charging standards for similar services.

Sixteenth residential motor vehicle parking and storage service charges according to the "Guangzhou motor vehicle parking and storage service charges management approach" implementation.

Seventeenth decoration management service fee and decoration deposit shall be agreed by the owner and the property management enterprise, and shall be clearly defined in writing, and the decorator shall not charge any fees.

If the renovation is completed by the owner and the property management company has passed the acceptance, and the public parts, equipment and facilities are not damaged, the renovation deposit will be returned to the owner within 15 working days from the date of acceptance. In addition, property management companies may not charge the owners or property users for more than 3 months in any name.

If the garbage and mud generated by decoration are disposed by the owners or property users themselves, the property management enterprise shall not charge; If a property management company is entrusted, the freight standard shall be determined through consultation between the owner and the property management company.

Eighteenth property management companies should abide by the national price laws and regulations in property services, strictly fulfill the property service contract, and provide the owners with services that match the quality and price.

Article 19 A property management enterprise shall clearly mark the price according to 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.

Twentieth owners should pay the property service fee or property service fund in full and on time in accordance with the provisions of the property service contract. If the owner fails to pay the service fee or property service fund within the time limit in violation of the property service contract, the owners' committee shall urge him to pay within a time limit; Overdue payment, property management companies can be recovered according to law.

If the owner and the user of the property agree that the user of the property shall pay the property service fee or the property service fund, the owner shall bear joint and several liability from the agreement.

When the property right is transferred, the owner or property user shall settle the property service fee or property service fund.

Twenty-first included in the scope of property management has been completed but not yet sold, or due to the reasons of the development and construction unit is not handed over to the property buyer on time, the property service fee or property service funds by the development and construction unit to pay in full.

Twenty-second property management area, water supply, power supply, gas supply, communications, cable television and other units should charge the relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above-mentioned fees, it may charge the entrusting unit a handling fee according to no more than 3% of the total entrustment or household quota. The specific standards shall be agreed by both parties in the entrustment contract. Property management companies shall not charge owners management fees and other additional fees.

The water supply unit shall implement wholesale water price for residential quarters that have not implemented "one household, one meter" during the transition period, and the specific water price shall be agreed in the entrustment contract between the water supply unit and the property management enterprise within the scope of government pricing.

The operating expenses of public facilities, street lamps and elevators in corridors, stairs and public facilities within the residential property management area shall be reasonably shared in accordance with the allocation methods formulated by power supply and water supply enterprises, and shall be charged separately. With the consent of the owners' meeting, the utility fee can be included in the property service fee.

Twenty-third the use of property * * * parts, * * with facilities and equipment for business, should be approved by the relevant owners, owners' congress, property management companies, in accordance with the provisions of the relevant procedures. The proceeds should be mainly used to supplement special maintenance funds, and can also be used according to the decision of the owners' meeting.

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

Twenty-fifth property management companies accept the entrustment of the owners to provide services other than those stipulated in the property service contract, and the service charges shall be agreed by both parties.

Twenty-sixth government departments in charge of prices, in conjunction with the real estate administrative departments, should strengthen the supervision of the service content, standards and charging items and standards of property management enterprises. Property management companies that violate price laws, regulations and rules shall be punished by the competent price department of the government according to the Price Law of People's Republic of China (PRC) and the Provisions on Administrative Penalties for Price Violations.

Twenty-seventh the detailed rules for the implementation by the Municipal Price Bureau is responsible for the interpretation of.

Article 28 These Rules shall be implemented as of June 1 65438+1October1day, 2004. The relevant property charging policies issued by the former municipal government price departments and property management administrative departments, the approval documents of the relevant property charging standards for shopping malls and office buildings issued by the former municipal, district and county-level municipal government price departments, and the Guangdong Province business service charging license shall be suspended at the same time. In order to ensure the smooth connection between the old and new policies, the Reply of the Price Department of the former municipal, district and county-level municipal governments on the charging standards for residential properties and the Guangdong Provincial License for Operating and Service Charges have been suspended since June 5438+ 10/day, 2005.