Do I have to pay the property fee if the house is unqualified?

If the house inspection is unqualified, the owner does not need to pay the property fee.

Housing quality problems or unqualified acceptance, should be repaired by the construction unit before re-acceptance, during which the property costs incurred by the construction unit.

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.

1. Can I not pay the property fee if the house is unqualified?

If the house fails to pass the house inspection, the property fee shall be paid, but the property fee shall be paid in full by the development and construction unit. 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.

According to Article 16 of the Measures for the Administration of Property Service Charges, if the completed but unsold property is not delivered to the property buyer on time due to the reasons of the development and construction unit, the property service fee or property service fund shall be paid in full by the development and construction unit.

Seventeenth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above fees, it may charge the entrusting unit a handling fee, and may not charge the owners any additional fees such as handling fees.

Second, how to close the house if the house acceptance quality is unqualified?

1. Actual performance. If the quality of the foundation engineering and the main structure engineering of the house purchased by the buyer has problems, and the safety of the house can be ensured through reinforcement and repair, the buyer may require the seller to perform its obligations in accordance with the legal provisions and the contents agreed in the contract. Actual performance is a basic principle of contract performance in China, and it is also an important remedial measure that one party can take after the other party breaches the contract. However, it is necessary to consider whether the breaching party can continue to perform and its rationality. If the breaching party really cannot continue to perform or will pay a greater price, it is not appropriate to take such remedial measures.

2. terminate the contract. If it is difficult to solve the quality problems of housing foundation engineering and main structure engineering through repair, the buyer may request to terminate the contract. The termination of the contract is a severe measure, which generally prohibits the parties from arbitrarily terminating the contract without any legal or agreed basis.

3. liquidated damages and damages. If the house delivered by the seller is unqualified, no matter whether the buyer demands actual performance or termination of the contract, it will not affect the requirement of the seller to pay liquidated damages and bear the liability for damages.

3. Can I check out if the house is unqualified?

According to the relevant regulations, if you find any of the following circumstances after check-in, you can request to return the house:

1. The main quality of the house is unqualified. According to the laws of our country, if the quality of the main structure of the house is unqualified and cannot be delivered for use, or after the house is delivered for use, it is verified that the quality of the main structure of the house is indeed unqualified, and the buyer requests to terminate the contract and compensate for the losses, it should be supported. In other words, if the buyers think that there are obvious quality problems in the housing structure when they close the house or after they move in, they can ask the relevant institutions to carry out inspection. If the quality of the theme is unqualified after inspection, the buyer has the right to return a house and let the developer compensate for the losses. The unqualified quality of the main structure of the house is the "hard injury" of the house. In this case, it is difficult for developers to get the "completion record form" to hand over the house, so it is rare to see the unqualified subject quality when handing over the house.

2. The quality of the house has seriously affected the use. According to the relevant judicial interpretation in China, the court will also support the buyers who request to return the house and ask the developer to compensate for the losses because the quality of the house seriously affects the normal living and use. It is generally believed that the housing quality problem seriously affects the normal living use, mainly because the poor indoor air quality affects the health of indoor residents, and the indoor noise affects the living after the house is moved in. Legal Express reminds you that if the main structure has quality problems, or the top floor still leaks for many times, which affects the living, and the use of building materials that do not meet the quality standards leads to poor sound insulation and affects the normal living and use of the owners, the buyers can return the house.

legal ground

"Property Management Regulations" 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.