Does the property have the right not to heat without paying the property fee?

Property that does not pay the property fee has no right not to heat.

Because the property fee and heating fee are two different fees, the property company cannot refuse to provide heating for users on the grounds of not paying the property fee.

For the owners who have paid the heating fee, the property does not provide heating, and there is a serious responsibility in service. Owners can go to the housing management department to complain about the property. Although the owners who do not pay the property fees have breached the contract, the property should not use this as an excuse not to provide heating for the owners.

Property fee refers to the fee that the property manager should pay according to the property service contract when providing property services and accepting property services. It is the owner's obligation to pay the property fee. If the owner is in arrears with the property fee, the property service provider can demand payment or bring a lawsuit, but it cannot stop power supply, water supply, heat supply and gas supply to demand payment.

There are two understandings that it is the owner's obligation to pay the property fee:

1, the property manager shall not unreasonably refuse to carry out property management, and the property management shall be carried out in accordance with the contract and relevant regulations. As long as these services are effectively provided, if the owner refuses to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services, it is an unreasonable refusal to pay the property fee, which constitutes a breach of contract and should bear the liability for breach of contract;

2. Overdue payment of property fees. That is, if the owner violates the agreement and fails to pay the property fee within a reasonable period, first of all, the property service provider can ask the owner to remind him and determine the grace period, and ask him to pay within a reasonable grace period. Secondly, if the owner still fails to pay after the grace period, the property service provider may file a lawsuit or apply for arbitration to be decided by the court or arbitration institution. After the judgment, if the owner refuses to perform the obligation to pay remuneration determined in the judgment, the court may enforce it.

"People's Republic of China (PRC) property management regulations" Article 41 The owner shall pay the property service fee according to 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.