Do you need the approval of the price bureau to collect parking space management fees?

The approval document of the Price Bureau is not required for the charging standard of parking fees in residential areas, as follows: Article 43 of the draft stipulates that the parking, charging and management of vehicles in public places within the property management area shall be decided by the owners' meeting. If the owners' congress decides to charge for parking vehicles, the charging standard shall be determined with reference to the provisions of the competent price department. In addition, Article 30 stipulates that "the right to use public green spaces, roads and other public places built according to the plan in the property management area belongs to all owners", so, since these public places belong to all owners, the property management company has no right to charge the owners the venue rental fee. Article 274 of the Civil Code stipulates: "Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner." According to the relevant provisions of the tax law, the parking fee charged by the property company to the owner should be calculated and paid business tax, and the general invoice of the service industry should be issued on its own initiative. Failure to issue invoices for fees violates the relevant provisions of the tax law. Consumers can report to local tax authorities or complain to local consumers' associations. The parking fee is approved by the price bureau and has a formal invoice. The fees collected belong to all owners, but if the investment and construction of the community is too large, it can be used by the property, but it must be approved by the industry Committee.

1. Is it legal to charge for parking in your own community?

Whether it is legal or not depends on the situation, and the specific analysis is as follows:

There are two kinds of parking fees in residential areas, one is land use fee and the other is management fee. The charging basis and charging subject of the two fees are different.

(1) According to Article 274 of the Civil Law (202 1, 1 comes into effect), the roads, green spaces, public facilities and property services in the residential area are owned by the owners. Article 275 stipulates that parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

It can be seen that the legal basis for collecting land use fees is the civil code, and the charging subject is the owner. Car owners can collect land use fees because vehicles occupy land.

(2) Management fees are charged according to the Civil Code and the Property Management Regulations promulgated by the State Council.

According to the provisions of Articles 888 and 889 of the Civil Code, a custody contract is a contract in which the depositor keeps the deposits delivered by the depositor and returns them. The depositor shall pay the safekeeping fee to the custodian in accordance with the agreement.

Article 54 of the Property Management Regulations stipulates that those who use * * * parts and * * * facilities and equipment of the property for business operation shall go through relevant formalities in accordance with the regulations after obtaining the consent of relevant owners, owners' congress and property management enterprises.

Therefore, after obtaining the consent of the owner, the property can be operated by using the land in the community. What the owner gives to the property is actually the vehicle storage fee.

(3) Based on the above analysis of the ownership of parking spaces in the community, the summary is as follows:

(1) In the first case, the property management company has no right to charge parking fees. Because each parking space belongs to the owner who bought or accepted the gift at this time, the public part of the parking lot belongs to all the owners who own the parking space.

(2) In the second case, after being authorized by the construction unit, the property company can charge the parking fee from the owner instead of the construction unit, but the parking fee standard at this time is not determined by the property, and it is specifically agreed by the owner and the construction unit in the contract. It can also be said that the property has no right to ask for community parking fees at this time.

(3) In the third case, the ownership of the parking lot belongs to all owners, and the use and charging standards of the parking lot are agreed by the owners' congress in the management statute.

Second, the latest residential parking fee charging standard

According to the National Development and Reform Commission's Notice on Liberalizing Some Service Prices, China has opened the parking price of residential quarters. Previously, community parking fees generally had government-guided prices. As soon as the notice came out, it changed the model of parking fees in residential areas set by the government, which led to the farce of skyrocketing parking fees nationwide. In the face of repeated increases in parking fees by property companies, how should community owners protect their rights?

Some owners think they should look for the price bureau. The Price Bureau definitely replied that this is within the scope of price liberalization, so it will no longer be accepted. Some owners also think that they should find the Housing Authority. The Housing Authority generally replied that this was an operation pricing behavior. Price bureau, please. Perhaps some owners can still find the Transportation Bureau, and the Parking Committee said that they don't care about parking in the community.

legal ground

Article 937 of the Civil Code of People's Republic of China (PRC)

A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.