New provisions on property fees in the civil code

In order to further standardize the behavior of property service charges, improve the transparency of property service charges, safeguard the legitimate rights and interests of owners and property management enterprises, and promote the healthy development of the property management industry, the Provisions on Clearly Marking Property Service Charges are formulated in accordance with the Price Law of People's Republic of China (PRC), the Regulations on Property Management and the Provisions on Clearly Marking Goods and Services.

Legal analysis

The clearly marked price of property service charges includes: the name of the property management enterprise, the charging object, service content, service standard, charging method, charging start time, charging items, charging standard, price management form, charging basis, price reporting telephone number 12358, etc. The implementation of government-guided property service charges, should also indicate the benchmark charges, floating range and actual charges. Property management companies can clearly mark the price through bulletin boards, publicity columns, fee schedules, fee lists, fee manuals, multimedia terminal inquiries, etc. , property management companies entrusted to collect water supply, power supply, gas supply, heating, communications, cable television and other related expenses. The property management enterprise shall provide services other than those stipulated in the property service contract entrusted by the owner. The charging standard shall be clearly indicated to the owner in an appropriate way after both parties agree. The collection of property fees should be handled in strict accordance with the circumstances stipulated by law, especially in the formulation of property charging standards, which must be handled within the scope of relevant provisions promulgated by the state, otherwise relevant legal responsibilities need to be investigated, and other matters should be handled in a specific case to avoid mistakes in the application of the law.

legal ground

Article 937 of the Civil Code of People's Republic of China (PRC) is a property service contract in which the property service provider provides the owners with property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owners pay the property fees. Property service providers include property service enterprises and other managers.