Measures for the implementation of the management of property service charges in Zhejiang Province (for Trial Implementation)

Article 1 In order to regulate the behavior of property service charges and protect the legitimate rights and interests of owners and property management enterprises, these measures are formulated in accordance with the Price Law of People's Republic of China (PRC), the Regulations on Property Management, the Measures for the Administration of Property Service Charges of the National Development and Reform Commission and the Ministry of Construction, and combined with the actual situation in our province.

Article 2 All property management enterprises that engage in property services and charge fees within the administrative area of our province, as well as government price departments at all levels and real estate administrative departments (hereinafter referred to as property administrative departments) that manage property service fees shall abide by these measures.

Article 3 The term "property service fee" as mentioned in these Measures refers to the fees charged by property management enterprises for providing the owners with services such as maintenance, conservation and management of houses, supporting facilities and related sites, and maintaining environmental sanitation and order in relevant areas.

Article 4 The Provincial Price Bureau shall, jointly with the Provincial Construction Department, be responsible for the supervision and management of property service charges in the whole province, and formulate measures for the management of property service charges in the whole province. The price department of the people's government of the city or county shall, jointly with the property department at the same level, be responsible for the implementation, supervision and management of the property service charging policy within their respective administrative areas.

Fifth property service charges should follow the principles of legality, rationality, openness and the adaptability of charges to service quality.

Article 6 Property services as mentioned in these Measures include the following contents:

(a) the use, management and maintenance of * * * parts and facilities of the house;

(two) the cleaning of public places, the collection and cleaning of domestic garbage and the cleaning of septic tanks in the property management area;

(three) the maintenance and management of public green space, flowers and trees;

(four) to maintain public order in the management area and assist in the safety prevention work;

(5) Property file management;

(six) other public services entrusted by the property management enterprise.

Seventh property service charges according to the type of property, the different stages of property services, the nature and characteristics of providing services, respectively, the implementation of government-guided prices and market-regulated prices.

Ordinary residential areas (excluding villas and other high-standard residential buildings, the same below) are subject to government-guided prices for early property service charges; Non-residential properties, villas and other high-standard houses, as well as ordinary residential quarters after the establishment of the owners' Committee, property service charges are subject to market-adjusted prices.

Eighth ordinary residential areas in the early stage of property service charges to implement hierarchical pricing. City and county price departments, jointly with the property departments at the same level, can refer to the Catalogue for Evaluation of Property Service Level of Ordinary Residential Areas in Zhejiang Province or the Standard for Property Management Service Level of Ordinary Residential Areas issued by china property management institute (see Annex), and formulate measures for evaluating the property service level of this administrative region in combination with local conditions. And in accordance with the principle of price by quality, compensation cost and reasonable profit, the reference standard of property service level is determined and announced to the public regularly.

The property service level of ordinary residential quarters can be determined in the form of grading, or in the form of stipulating the service content and service standards of each level. In the same city, the evaluation method of property service level and the reference standard of charging should be consistent.

The composition of property service fees in ordinary residential quarters generally includes the following parts:

(1) Managing the salaries, social insurance and welfare benefits of service personnel. ;

(two) the daily operation and maintenance costs of the parts, facilities and equipment used by the property;

(three) the cost of cleaning, greening and order maintenance in the property management area;

(4) office expenses;

(5) Depreciation of fixed assets of property management enterprises;

(six) * * * property, * * * facilities and equipment and public liability insurance costs;

(seven) other expenses agreed by the owners' meeting.

Article 9 Before the establishment of the owners' committee, the property management enterprise (or development and construction unit) shall formulate the property service level and specific charging standard of the residential area according to the local property service level evaluation method and charging reference standard, and report it to the local price department for the record; The competent price department shall make an evaluation and verify the accurate price and floating range. The specific charging standard shall be determined by the property management enterprise (or development and construction unit) within the approved quasi-price and floating range, and shall be specified in the property service contract.

After the establishment of the owners' committee, the owners' committee and the property management enterprise shall evaluate the property service level and specific charging standards of this residential area with reference to the local property service level evaluation methods and charging reference standards, and make it clear in the property service contract.

Article 10 For ordinary residential projects subject to property management pre-bidding, real estate development enterprises shall, according to the scheme of implementing property management services in residential quarters, declare the level of property services and specific charging standards to the local competent price department, and determine the specific charging standards through bidding within the quasi-standard price and floating range approved by the competent price department.

Article 11 When declaring property service charges, a property management enterprise shall submit the Business License for Enterprise as a Legal Person issued by the administrative department for industry and commerce, the Qualification Certificate for Property Management Enterprise issued by the administrative department for real estate, the property service contract, the application report for property service charges, the specific implementation plan and cost accounting of property management in residential quarters and other materials to the competent price department.

For projects subject to pre-bidding for property management, real estate development enterprises shall submit the application report for property service charges, the configuration of residential facilities and equipment, the property management service plan and other materials to the competent price department.

Article 12 Property management enterprises shall publicize the service contents, service standards, charging items and charging standards in a prominent position within the property management area in accordance with the provisions of the state and the province on clearly marked prices.

Thirteenth included in the scope of property management has been completed but not yet sold, or due to the reasons of the development and construction unit is not handed over to the property buyer on time, the property service fee is paid in full by the development and construction unit.

Fourteenth owners' committees (or development and construction units) and property management enterprises can agree on property service fees in the form of contract system and gratuity system.

Contract system refers to the way that the owner pays a fixed property service fee to the property management enterprise, and the profit or loss is enjoyed or borne by the property management enterprise.

The contract gratuity system refers to the way that the owner prepays the property service fee to the property management enterprise, and the property management enterprise extracts the contract gratuity from the property service fund received in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the property service contract, and the balance or deficiency is enjoyed or borne by the owner.

Fifteenth the implementation of the property service fee system, the property service funds received in advance belong to the escrow nature, all paid by the owners, and the property management enterprise shall not be used for expenses other than those stipulated in the property service contract.

Property management enterprises shall announce the income and expenditure of property service funds to the owners' assembly or all owners at least once a year, and accept the supervision of the owners and the owners' committee.

When the owners or the owners' congress question the published income and expenditure of property services funds, the property management enterprise shall reply in time. If the owners or owners' committee have any objection to the published revenue and expenditure accounts, they may hire a qualified intermediary to conduct the audit.

Sixteenth the implementation of the contract system of property service fees, the composition of property service fees includes property service costs, statutory taxes and fees and the profits of property management enterprises.

The implementation of the property service fee reward system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.

Seventeenth high-energy facilities such as elevators and booster pumps managed by property management companies can be included in the cost of property services, or they can be shared separately according to the actual situation, which is determined by the local price authorities. Multi-storey residential buildings without elevators, booster pumps and other energy-consuming facilities and equipment, the owners enjoy public services, and will not share other expenses except paying property service fees to property management companies.

Article 18 The expenses for overhaul, medium repair, renewal and transformation of the parts and facilities used by the property shall be charged through special maintenance funds, and shall not be included in the property service cost or property service expenditure.

Nineteenth property management area, water supply, power supply, gas supply, heating, communications, cable television and other enterprises should charge the relevant fees to the end users. If the property management enterprise accepts the above-mentioned fees entrusted by the above-mentioned enterprises, both parties shall sign a contract, and the property management enterprise may charge the entrusting party the agency service fee, but shall not charge the owner any additional fees such as handling fees.

Twentieth property services can be received in advance, specifically by the property management companies in accordance with the "property services contract" signed with the owners' committee agreed to collect from the owners and users; If there is no agreement, the early harvest period shall not exceed 12 months.

The property service fee is collected from the month when the house is delivered and the buyer (owner) gets the key.

Twenty-first owners should pay the property service fee in full and on time in accordance with the provisions of the property service contract. Owners in violation of the property service contract, overdue payment of property service fees, the owners' committee shall urge them to pay within a time limit; Overdue payment, property management companies can be recovered according to law.

If the owner and the user of the property agree that the user of the property will pay the property service fee, the owner shall bear joint and several liability for payment.

When the property right is transferred, the original owner or property user shall settle the property service fee in time.

Twenty-second property management companies have been entrusted to implement property services and charge corresponding service fees, and other departments and units shall not charge the owners and users the same fees in nature and content.

Article 23 The fees for special services such as vehicle parking service, decoration, garbage removal and agency services involved in the implementation of property management in residential quarters shall be implemented in accordance with the relevant provisions of the competent pricing department of the government. If the government price department does not make provisions, it shall be determined by both parties through consultation.

Twenty-fourth price violations in violation of the provisions of these measures shall be punished by the competent price department of the government in accordance with the Price Law of People's Republic of China (PRC) and the Provisions on Administrative Penalties for Price Violations.

Twenty-fifth approach by the Provincial Price Bureau is responsible for the interpretation of.

Twenty-sixth the implementation since May 6, 2005. All localities can formulate detailed rules for the implementation of property service charges according to these measures and local conditions, and report them to the Provincial Price Bureau and the Provincial Construction Department for the record.