New regulations on property management of vacant houses

In China's current legal system, there is no property law, and the closest meaning is the Measures for the Administration of Property Service Charges formulated by the National Development and Reform Commission and the Ministry of Construction in 2003, which is still being implemented. Provinces, autonomous regions, municipalities and prefecture-level cities have also specially formulated the Measures for the Administration of Property Service Charges. However, some provinces and cities have introduced more specific regulations to adapt to local conditions.

1. Charge standard of vacant house property fee: According to the law, the owner is the property owner and enjoys the right to use and ownership of the property. Therefore, whether the owner moves in or not does not affect the payment of property fees. Therefore, even if the owner doesn't move in, the house of his ownership is still within the service scope of the residential property, and he should enjoy the corresponding service and pay the property fee on time according to the regulations. As for whether to charge full property fees, it needs to be coordinated and agreed with developers, other owners and competent authorities.

2. What does the property fee include? According to relevant policies, if the property service fee is outsourced, the property service fee includes the property service cost, statutory taxes and fees and the profits of the property management enterprise. If the property service charge system is implemented, the property fees received in advance include the property service expenditure and the remuneration of the property management enterprise. The composition of property service cost or property service expenditure generally includes the salary of management service personnel, social insurance and welfare funds extracted according to regulations; Daily operation and maintenance expenses of * * parts of the property and * * facilities and equipment; Cleaning and sanitation, greening maintenance, order maintenance and office expenses in the property management area, as well as fixed assets and public liability insurance agreed by the owner.

3. Property fee charging standard: The property service charging method stipulates that the property fee charging standard distinguishes the nature and characteristics of different properties, and implements government-guided prices and market-regulated prices respectively. Usually, office buildings, businesses, industrial parks and other non-residential categories implement market-adjusted prices, that is, the two parties to the contract negotiate pricing; The collection standard of property fees for ordinary houses in the early stage is guided by the government, and property companies and enterprises are priced with reference to the property fees standards announced by the government; After the establishment of the owners' congress or the property management committee, the charging standard for public services of ordinary residential property shall be decided by the owners' congress or the owners' committee or the property management committee authorized by the owners' congress.

4. Pricing of property fees: determined by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the real estate administrative departments. Where the government-guided price is implemented, the corresponding benchmark price and its floating range shall be formulated according to factors such as property management service level standards, and published regularly. The charging standard is agreed by the owner and the property management enterprise in the property service contract according to the stipulated benchmark price and floating range.

5. Calculation of property fees: Generally, the property service level is determined by the owners and property management companies according to the scope and content of property services, and the benchmark price is determined according to the property service level and the condition of equipment and facilities (with or without elevators) with reference to the government-guided price or through negotiation. According to different situations, it is divided into different charging standards. Under normal circumstances, the property fee is charged according to the construction area of the property, and the pricing method is RMB/square meter. The realty service enterprise can charge monthly, quarterly and annually, but the advance payment shall not exceed one year.

What is the definition of vacant house?

There are two kinds of vacant houses, one is the houses that developers have delivered but have not yet sold, and the property fees are borne by the construction unit.

The other is the house that has reached the delivery conditions, but the owner has not moved in or has moved in but has not used it. The property fee shall be borne by the owner.

Legal basis: Article 209 of the Civil Code.

The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.