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Does the Property Law stipulate that vacant houses can be exempted from property fees?
According to Article 22 of the Regulations on Property Services, the owner shall pay the property service fee in accordance with the agreement in the property service contract. For vacant houses, although the owners do not live or operate in them, they still need to bear the property management fee, because the property service is aimed at the whole community or building, not individual owners. In addition, some local governments have also promulgated relevant regulations on vacant houses. For example, Beijing Municipal Bureau of Land and Housing Management clearly stipulated in 20 17 that vacant houses should pay property service fees in accordance with the property service contract, and at the same time, encourage developers to speed up the utilization of houses by renting and selling, and reduce the vacancy rate. Therefore, from the legal and policy point of view, vacant houses have no right to reduce or exempt property fees.
Will vacant houses be punished if they are not used for a long time? According to Article 60 of the Urban Housing Management Law, the owner or manager of the house should strengthen the management of the house, keep the house intact, and prevent the house from collapsing, catching fire, leaking water and breeding pests. At the same time, it is not allowed to arbitrarily build, illegally occupy, litter or scribble, otherwise it will be punished accordingly. However, it is not clear what kind of punishment there will be for vacant houses, and it needs to be decided according to specific conditions and local policies.
Vacant houses cannot be exempted from property fees, and owners need to pay property service fees according to the property service contract. At the same time, it is necessary to strengthen the management and maintenance of vacant houses, prevent potential safety hazards, abide by relevant regulations and avoid being punished.
Legal basis:
Article 943 of the Civil Code of People's Republic of China (PRC) * * * Property service providers shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds and part of the owners' operation and income in a reasonable way, and report to the owners' meeting and owners' committee. Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services. If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.
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