What should I do if I pay more for the delivery of commercial housing?

The occupancy fee can be divided into two parts, one for the developer and the other for the property company.

The fees paid to developers usually include: compensation for area increase; Liquidated damages; "Pipeline gas account opening fee; Cable TV initial installation fee "(these two items are implemented at one price in some cities, and some developers pay!" " ); Telephone and broadband installation fees; Security system costs; Related expenses of property rights agency (deed tax, stamp duty, fee for handling permits, etc. ); Other expenses stipulated in the real estate sales contract.

Fees paid to property management companies usually include: several months of property management fees in advance; Decoration deposit; Decoration garbage cleaning fee, etc.

Friendly reminder: the car should pay attention to the fact that the subject of the relevant charging voucher should be consistent with the subject with the right to charge. If it is collected by a property company, it should be required to show the original power of attorney of the developer, otherwise the relevant formalities will not be handled.

2. Reject the extra-contractual expenses

As long as the owner has paid off all the house price, the developer should unconditionally deliver the house that meets the contract agreement to the owner, and can't set fees beyond the legal provisions or the contract agreement, otherwise it is a breach of contract, and the owner has the right to refuse to attach conditions to the delivery of the house, and the developer will bear the responsibility for overdue delivery. If the owner and the developer also signed the "Preliminary Property Management Contract" or "Temporary Convention of Owners" when signing the house purchase contract, and promised to pay the property management fee, they should also pay the corresponding property management fee.

The following cost problems often bother the owners, and lawyer Qi Wei analyzes and solves them one by one:

Property management fee

Before the property is delivered to the owner, the property service fee shall be borne by the construction unit; After the property is delivered to the owner, the property service fee shall be borne by the owner and paid from the date of delivery of the property. Property management units that provide property management services can charge property management service fees, including comprehensive management service fees, parking management fees, house decoration garbage collection fees and special service fees. The property company shall not charge fees in advance against the wishes of the owners and users, and the owners may pay them monthly or annually.

The above provisions explain that the owner must pay the property management fee after taking over the house, but the owner can pay it monthly, and the property company has no right to force the owner to pay the long-term property management fee as a condition for taking over the house. Need to remind the owner that the property management fee that must be paid to the property company at this time is only the comprehensive management service fee in the above provisions, and does not include the cost of several other services.

Public maintenance fund

This fund is different from the property management fee. It is only used for overhaul, renewal and transformation of residential parts and facilities after the warranty period expires.

Owners should pay special maintenance funds at 2% of the purchase price. The owner shall, before going through the formalities of housing ownership registration, go through the formalities of opening an account and depositing special maintenance funds for the property at the escrow bank designated by the Real Estate Administration.

Friendly reminder: the public maintenance fund does not need to be paid at the time of check-in, but it must be paid before handling the real estate license.

decoration deposit

Regarding whether to collect decoration deposit and decoration management fee, there is the biggest dispute between the owner and the property company, and there are many disputes in actual operation.

Friendly reminder: considering the overall environment of the community and the residential quality of the community residents, it is reasonable for the property to collect the decoration deposit, but if there is no special agreement, according to the current policy, the owner can still refuse to pay. The decoration management fee is unreasonable, and the owner does not have to pay it.

Decoration garbage cleaning fee

Gas opening fee

Judging from the actual situation, whether to charge the gas opening fee depends on whether there is an agreement between the developer and the household. For example, when selling a house, the developer did not promise the gas pipeline to enter the house, but stated that it was borne by the owner, so it was a prerequisite to collect the gas opening fee when handing over the house. Generally speaking, the gas opening fee is paid by the developer to the gas company, which has been invisibly included in the total house price. If the developer promises to supply gas to the house when selling the house, it can generally be presumed that this fee has been included in the house price (unless otherwise agreed).

Cable TV and broadband network account opening fee

This fee does not belong to the scope of property fees. If there is no agreement between the owner and the developer, the owner is not obliged to pay such fees before moving in. Owners can go to relevant institutions (cable TV management institutions, telecommunications institutions) to handle relevant account opening procedures and pay fees.

Property agency fee

If there is no contract basis or the owner voluntarily, the developer has no right to force the agent property right. For the owners who pay the house purchase price in one lump sum, because the developer has no risk, the reason for charging the agency fee is not sufficient; The owner who buys a house by mortgage loan, because the developer also bears the risk of regular guarantee, in order to avoid the risk, handles the property right on his behalf. Although there is no legal and contractual basis, it is still reasonable, but it should also be approved by the owner. Based on the contract or with the consent of the owner, the developer can charge a reasonable property agency fee.

parking fee

Parking fee does not belong to the comprehensive cost of property management, and the owner does not need to pay it when he moves in. The property company shall collect parking fees from the owners in accordance with the charging standards approved by the Price Bureau.