Is there a legal basis for not going through the house before the property fee is settled?

It depends on the policies of each city. At present, most cities have regulations on real estate management. Property transfer registration materials need to have proof of settlement of property fees. If there is no real estate, you need a certificate from the neighborhood Committee to prove that the house has no real estate. Because property disputes often arise because of property changes, it is generally the original landlord who settles the property fees.

Legal analysis

At present, most cities have similar regulations, and property transfer registration requires proof of property fee settlement. According to the Provisional Regulations on the Registration of Real Estate, other materials stipulated in laws, administrative regulations and the detailed rules for the implementation of these Regulations may be required for the registration of real estate transfer. As an administrative norm, provinces and cities can make detailed provisions on "other materials" here according to their own conditions. Taking Ningbo as an example, the Municipal Construction Committee recently issued the Notice on Printing and Distributing the Settlement List of Property Service Fees (Trial Sample Table), which clearly stipulated that both parties should make a clear agreement on the settlement of property service fees when transferring houses in residential quarters, and the house seller should fill in the settlement list of property service fees when transferring property rights. This means that if the seller fails to settle the property fee owed, the house will not be transferred. Therefore, we can't generalize, and we need to inquire about local specific policies before we can draw a conclusion.

legal ground

Article 16 An applicant shall submit the following materials and be responsible for the authenticity of the application materials:

(1) Application for registration;

(two) the identity documents and power of attorney of the applicant and the agent;

(three) the relevant certification materials of the source of real estate ownership, the certification documents of the reasons for registration and the certificate of real estate ownership;

(4) Property boundary, space boundary, area and other materials;

(5) A statement on the interests of others;

(six) other materials as prescribed by laws, administrative regulations and the detailed rules for the implementation of these regulations.

The real estate registration institution shall publicly apply for registration in the office and portal website, including the material catalogue and model text.