New Provisions on Property Management Fee in Civil Code

There is no direct new regulation on the charging standard of property management in the Civil Code, but the relevant property management regulations and policies have clarified and standardized the charging standard. Property management fees should follow the principles of fairness, reasonableness and transparency, and accept the supervision of relevant departments. Specific charging standards should be reasonably determined according to the content, quality and cost of property services.

First, the basic principles of property management fees

According to relevant laws, regulations and policies, property management fees should follow the principles of fairness, reasonableness and transparency. This means that the property management company should provide clear details of charges to ensure that the owners can understand the basis and standard of charges for each service. At the same time, the charging standard should match the content, quality and cost of property services, and there should be no unreasonable phenomena such as arbitrary charges and excessive charges.

Second, the determinants of property management fees

The determination of property management fee involves many factors. First of all, the content and quality of property services is an important factor in determining the charging standard. The wider the scope of services provided by property management companies, the higher the quality of services, and the corresponding charging standards will be raised accordingly. Secondly, the service cost is also a key factor affecting the charging standard. Property companies need to consider labor costs, equipment maintenance costs, management costs and other factors to ensure that fees can cover operating costs and achieve reasonable profits.

Three, the supervision and supervision of property management fees

In order to protect the legitimate rights and interests of owners, the relevant departments have strictly supervised and standardized the property management fees. Property companies need to formulate detailed charging standards according to relevant laws, regulations and policy requirements, and clearly stipulate them in the property service contract. At the same time, the property company also needs to regularly announce the details of charges and income and expenditure to the owners, and accept the supervision and inquiry of the owners. The relevant departments will investigate and deal with property companies that collect fees at random or exceed the standard.

Fourth, the protection of owners' rights and interests and ways to safeguard rights.

As the owner, he enjoys the corresponding rights and interests protection in property management fees. The owner has the right to ask the property company to provide clear and definite charging details and charging standards, and raise questions and complaints about unreasonable charges. If there are arbitrary charges and excessive charges in the property company, the owners can protect their rights by complaining to the relevant departments, applying for arbitration or bringing a lawsuit.

To sum up:

Although the civil code does not directly stipulate the charging standard of property management, the relevant property management regulations and policies clarify and standardize the charging standard. Property management fees should follow the principles of fairness, reasonableness and transparency, and accept the supervision of relevant departments. Owners enjoy the corresponding rights and interests protection in the property management fees, and can defend their rights through legal channels. Property companies shall abide by relevant laws, regulations and policy requirements, formulate reasonable charging standards, provide quality services and safeguard the legitimate rights and interests of owners.

Legal basis:

Regulations of People's Republic of China (PRC) Municipality on Property Management

Article 43 provides that:

"The realty service enterprise shall, in accordance with the stipulations of the realty service contract, provide corresponding services and charge the realty service fee. Property service charges should follow the principles of reasonableness, openness and adaptability between charges and service levels, and distinguish the nature and characteristics of different properties. The owner and the realty service enterprise shall stipulate in the realty service contract in accordance with the charging standards for realty services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council. "