Do I have to pay the property fee if I don't pay the house?

There is no need to pay property fees.

First, the definition and use of property fees

Property fees, that is, property service fees, refer to the fees charged by property service enterprises to owners for the maintenance, conservation and management of houses, supporting facilities and related sites, and for maintaining environmental sanitation and order in relevant areas. These expenses are usually used to pay the operating costs of property enterprises, maintain the cleanliness and safety of public areas, and provide other agreed services.

Second, the relationship between housing delivery and property fees

The delivery status of the house is the key factor to judge whether the owner needs to pay the property fee. Usually, after the house is delivered to the owner, the owner begins to bear the obligation to pay the property fee. This is because, even if the owner has not yet moved in, the property service enterprise still needs to carry out daily maintenance and management of the house and its supporting facilities and equipment.

However, in the case that the house has not been delivered, the actual property service relationship between the owner and the property service enterprise has not yet been formed. At this time, the owner usually does not need to bear the obligation to pay the property fee. This is because the property service enterprises have not started to provide real property services for the owners, so there is no reason to charge the owners.

Third, the payment of property fees under special circumstances.

It should be noted that although under normal circumstances, the owners who have not delivered the house do not need to pay the property fee, there may be some special circumstances. For example, the developer has entrusted the realty service enterprise to provide the prophase realty service before the house delivery, or the owner and the developer agreed to pay the realty fee in advance in the house purchase contract. In these cases, the owner may need to pay the property fee as agreed.

To sum up:

Whether it is necessary to pay the property fee if the house is not handed over depends mainly on whether the house has been delivered to the owner and whether the actual property service relationship has been formed between the owner and the property service enterprise. Owners of undelivered houses do not need to pay property fees; However, under special circumstances, if the developer has entrusted the prophase property service or there is relevant agreement in the purchase contract, the owner may need to pay the property fee in advance.

Legal basis:

property management regulations

Article 4 1 stipulates that:

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.

People's Republic of China (PRC) Civil Code

Article 944 stipulates:

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.