Provisions of Tianjin Property Management Regulations on Vacant Houses

The standard for charging vacant house property fees is the same as paying general property fees. Vacant property fee refers to the property fee that needs to be paid when the house is vacant and uninhabited. If the house cannot be occupied because of the developer, the developer will pay the property fee. If the owner himself insists on not staying without justifiable reasons, he also needs to pay the property fee.

According to the Supreme People's Court's Interpretation on the Specific Application of Legal Issues in the Trial of Disputes over Differentiated Ownership of Buildings and Interpretation on the Specific Application of Legal Issues in the Trial of Disputes over Property Services, the property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's courts will not support them only on the pretext that the owners have not enjoyed or accepted relevant property services. In other words, the house is vacant and the property fee has to be paid. Owners can't refuse to pay for not enjoying property services. According to the Measures for the Implementation of Residential Property Service Charge Management, if the house is vacant for more than half a year after delivery, the property service fee shall be paid at 70% of the property service charge standard after confirmation by the owner or property user and the property service enterprise, unless otherwise agreed in the contract. Therefore, in the absence of special agreement with the property, if the house is vacant for more than half a year after delivery, you can only pay 70% of the property service fee.

legal ground

Article 285 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * Property service enterprises or other managers shall, according to the entrustment of the owners, manage the buildings and their ancillary facilities within the building division in accordance with the provisions of the third part of this law on property service contracts, accept the supervision of the owners, and promptly answer the owners' inquiries about property services. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 41 of the Regulations on Property Management shall follow the principles of reasonable, open and adaptive fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, in accordance with 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-second 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.