Property before and after buying a house

From the delivery date on the occupancy notice.

According to Article 41 of the Property Management Regulations, 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. The property service fee shall be paid by the property developer before the property is actually delivered to the buyer for possession, and shall be paid jointly by the owner and the buyer after the actual delivery. Under normal circumstances, the property management service fee is paid monthly. Therefore, in real life, the property management service fee is generally paid in the second month after the buyer actually receives the house. In addition, when the owner receives the house from the developer, he has the right to actually occupy and use the house and enjoy the property management service of the property service company. As for the owners who actually do not live for some reason, it does not affect the property company to collect property service fees. According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, if the property service enterprise has provided services in accordance with the contract and relevant provisions, and the owner only claims that he does not enjoy or need to accept the relevant property services, the people's court will not support it.

The relevant contents of the Property Management Regulations are attached for your reference.

Property management service

Article 32

Enterprises engaged in property management activities shall have independent legal personality.

The state implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the administrative department of construction in the State Council.

Article 33

A property management area is managed by a property service enterprise.

Article 34

The owners' committee shall conclude a written realty service contract with the realty service enterprise selected by the owners' congress.

Property service contracts shall stipulate property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.

Article 35

The realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.

The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.

Article 36

When undertaking the property, the realty service enterprise shall go through the formalities of property acceptance with the owners' committee.

The owners' committee shall hand over the information specified in the first paragraph of Article 29 of these regulations to the realty service enterprise.

Article 37

The ownership of the property management house belongs to the owner according to law. Without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management house.

Article 38

When the realty service contract is terminated, the realty service enterprise shall return the property management house and the information specified in the first paragraph of Article 29 of these regulations to the owners' committee.

When the realty service contract is terminated, if the owners' congress selects a new realty service enterprise, the realty service enterprise shall do a good job of handover.

Article 39

The realty service enterprise may entrust the special service business within the realty management area to a professional service enterprise, but may not entrust all the realty management within the area to others.

Article 40

Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract.

Article 41

The owner shall 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.

Article 42

The price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

Article 43

The realty service enterprise may, according to the entrustment of the owners, provide services other than those stipulated in the realty service contract, and the service remuneration shall be agreed by both parties.

Article 44

Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Article 45

The realty service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the realty management area, and report to the relevant administrative departments in a timely manner.

After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

Article 46

The realty service enterprise shall assist in the safety work within the realty management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work.

The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.

Article 47

The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.

If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

Article 48

The real estate administrative departments of the local people's governments at or above the county level shall promptly handle the complaints of owners, owners' committees, property users and property service enterprises in property management activities.