Measures for the administration of property service charges in Hunan Province

Article 2 These Measures shall apply to property services, fees, supervision and management within the administrative area of this province.

The province did not implement professional property services institutions and the original housing reform fees with reference to these measures, shall be formulated separately by the Provincial Price Bureau in conjunction with the Provincial Authority.

Owners organize their own property management, their property services and charges can be implemented with reference to these measures, and the owners' congress will be implemented under the guidance of the local township people's government (street offices).

Article 3 The term "property service fee" as mentioned in these Measures refers to the fees charged by property service enterprises to the owners (users) for the maintenance, maintenance and management of houses, supporting facilities and equipment and public * * * or * * venues, and for the maintenance of environmental sanitation and order in relevant areas.

Article 4 The government encourages construction units and owners to choose property service enterprises through an open, fair and just market competition mechanism; Encourage property service enterprises to carry out legitimate price competition, prohibit price fraud, and promote the formation of property service charges through market competition.

Fifth property service charges to implement a unified policy, hierarchical management. The provincial price department shall, jointly with the Provincial Department of Housing and Urban-Rural Development, formulate policies on property service charges in the whole province according to the relevant provisions of the state, and guide the management of property service charges in the whole province.

City, state and county government price departments in conjunction with the real estate departments at the same level in accordance with the price management authority, responsible for the daily management and supervision of property service charges within their respective administrative areas.

Sixth property service charges should follow the principles of openness, rationality and the cost and service level.

Article 7 The public service charges, agency charges and special service charges of property services shall be managed by government-guided prices and market-regulated prices respectively according to the different conditions of the items, nature, contents and characteristics of services provided by property service enterprises.

The fees for public services, vehicle parking services and decoration services of residential buildings are subject to government-guided prices.

Non-residential property service charges, special services that meet the needs of some owners (users) or are entrusted to carry out, and collection and payment service charges shall be subject to market adjustment prices, which shall be agreed in advance by both parties on the principle of equality and voluntariness, and no compulsory services or charges shall be allowed.

Article 8 According to the service content, service requirements and facilities and equipment configuration, the public services of residential buildings can be divided into five categories, namely, comprehensive management services, public area cleaning and sanitation services, public area order maintenance services, public area greening and maintenance services, and daily operation, maintenance and repair services of * * * parts and facilities and equipment, with the grades from low to low.

Article 9 The provincial department in charge of prices shall, jointly with the Provincial Department of Housing and Urban-Rural Development, formulate the benchmark prices of the sub-projects and sub-projects of property services, and publish them regularly (for details of the benchmark prices and charges of sub-projects and sub-projects of residential property services in Hunan Province at this stage, see Annex 1 Benchmark Price Standards for Sub-projects and Sub-projects of Residential Property Services in Hunan Province).

City, state and county price departments shall, jointly with the real estate departments at the same level, formulate the grading guidance price of local residential property service subdivisional works within the range of 30% of the provincial benchmark price according to the hardware facilities, environment and property management services, service quality, service cost and price index, and formulate the charging coefficient of all kinds of houses in the same residential area, which will be published once every two years.

Tenth residential property management area of property service charges should be in accordance with the principle of quality and price, respectively, choose the project level combination to determine. Property service charge standard is the sum of all property service charge standards.

Before the establishment of the owners' congress, the charging standard of residential property services that was not determined by bidding was approved by the local price department in the local published residential property service grading guidance price.

Encourage the construction unit to select the prophase realty service enterprise through standardized bidding. If the prophase realty service enterprise is selected through bidding, the local competent pricing department shall review the qualification of realty service charges.

The preliminary property service charges not determined through bidding shall be selected by the construction unit according to the property characteristics and service requirements, and the charging standard shall be drawn up, and the Audit Form for Public Service Charges of Preliminary Property shall be filled in (see Annex II). The construction unit shall, within the approved charging guidance price range, pre-agree with the property buyer in the housing transaction contract on the content of property services, service specifications, charging standards, charging methods, charging start time, etc., and the agreements involving the same interests of the property buyer shall be consistent.

In the house transaction contract, the owner has the right to refuse to pay if the property buyer has not agreed on the prophase property service fee in advance.

After the property service contract signed by the owners' committee and the property service enterprise is decided by the owners' meeting in accordance with laws and procedures, the previous property service contract will be terminated naturally. The specific standards of residential public service charges shall be determined by the owners' committee after obtaining the consent of the owners' congress, and the property service enterprises within the published guidance price range, according to the selected service items and grades, community size, service requirements and service quality (obtaining the title of excellent property management, household satisfaction, etc.). ), service cost, price index, profit level, old and new properties and other factors. When necessary, township people's governments and street communities may be invited to participate in coordination.

Article 11 Where the cost of property services needs to be increased due to the provision of services and facilities not covered by these Measures (such as providing special services such as standby power supply, diesel generator set, self-provided water supply booster pump, fire-fighting facilities and other abnormal public facilities), the charging standard may be stipulated separately in the property services contract according to the service mode and time.

Twelfth property management residential areas, due to the reasons of the construction unit, phased delivery, causing noise, dust pollution and traffic inconvenience to the owners who moved in early, the construction unit shall give the owners corresponding compensation, and agreed in the housing sales contract.

Article 13 During the prophase property management, the construction unit and the property service enterprise shall stipulate in the prophase property service contract that the property service charges shall be subject to market adjustment, and the sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the prophase property service contract; If the owners' meeting has been established, the owners' committee shall obtain the consent of the owners' meeting and make an agreement with the realty service enterprise in the realty service contract in accordance with the provisions of laws and regulations.

Price and real estate departments at all levels should strengthen the guidance and standardization of the behavior of property service charges at market-regulated prices, and promote the reasonable agreement of service charges and related matters by all parties involved in the property.

Fourteenth property service charges can be agreed in the form of contract system or gratuity system.

Contract system refers to the way that the owner pays a fixed property service fee to the property service enterprise, and the profit and loss are enjoyed or borne by the property service enterprise. Property service fees shall be contracted out, and public property service fees in residential areas shall be subject to government-guided price management.

The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner. If the property service fee is charged, the public property service fee in residential areas can be managed by market-adjusted price.

Article 15 A realty service enterprise that implements the gratuity system shall, in accordance with the provisions, establish a ledger of income and expenditure of various funds for realty service, announce it to all owners at least once a year, and accept questions from the owners' committee or owners' assembly. The realty service enterprise that implements the contract responsibility system shall announce the public realty service items and services in residential areas to all owners at least once a year, and listen to the opinions of the owners' congress.

Sixteenth property management public service fees are composed of the following parts:

1, personnel expenses, including the salary of management service personnel, union funds drawn according to regulations, employee education funds, housing accumulation fund and social insurance expenses such as pension, medical care, unemployment, work injury and maternity insurance that should be paid by property service enterprises according to relevant policies.

2. The daily operation and maintenance expenses of the * * * parts and facilities of the property, including the maintenance expenses of secondary water supply and pressurization equipment, elevator operation and maintenance expenses, fire control, monitoring and intelligent facilities operation and maintenance expenses, etc. , excluding the maintenance costs incurred by the construction unit during the warranty period, and the maintenance, renewal and transformation costs incurred by special maintenance funds.

3. Cleaning and sanitation expenses in the property management area, including purchase of tools, disinfection and epidemic prevention expenses, septic tank cleaning expenses, public pipeline dredging expenses, cleaning materials expenses, sanitation expenses (except garbage disposal expenses), etc.

4. Maintenance expenses of regional order in property management, including equipment expenses, communication equipment management expenses, personal insurance expenses of order maintenance personnel, clothing expenses paid by property service enterprises, etc. This equipment does not include the monitoring equipment already included in the * * * equipment.

5, property management area greening maintenance costs, including management, maintenance tools required for the purchase of green fees, green water charges, replanting fees, pesticides and fertilizers. Does not include the seedling planting fee and early maintenance fee paid by the construction unit.

6. Office expenses and depreciation expenses of fixed assets of realty service enterprises. Office expenses refer to the office expenses required by property service enterprises to maintain normal property management activities in the management area. Depreciation cost of fixed assets refers to the shared cost of fixed assets with a service life of more than one year owned by property service enterprises in property service projects.

7. Property * * * core, * * old facilities and equipment and public liability insurance fees refer to the insurance fees paid by property service enterprises for purchasing property * * * core, * * old facilities and equipment and public liability insurance.

8. Sharing management fees refers to the expenses borne by a property service enterprise for each service project to ensure the normal operation of related property services when managing multiple property projects.

9. Other expenses agreed by the owners refer to the expenses of property service fees (such as cultural activities, social gatherings, competitions and other necessary community cultural activities) agreed by the owners or owners' general assembly according to regulations.

10, statutory tax.

1 1, reasonable profit, and the highest profit rate of residential property service cost shall not exceed 8%.

Seventeenth for heating, central air conditioning and other power equipment energy costs, operation and maintenance costs should be included in the supply price, shall not be charged to the owners (users).

Eighteenth residential public property service fees charged in accordance with the statutory property area. If the property right certificate has been handled, the construction area recorded in the property right certificate shall prevail; If the property right certificate is not handled, it shall be calculated according to the construction area indicated in the purchase contract.

The public property service fee for the garage and miscellaneous house with a height of 2.2 meters purchased (used) by the owner is charged at 50% of the charging standard of the same type of house. Unless otherwise agreed in the contract, such agreement shall prevail.

If the house with changed use nature is used for office, it will be charged 100% according to the charging standard of similar houses, and 200% for business. Miscellaneous houses and garages that change the nature of use are charged according to the charging standard of similar houses in residential category, with 65,438+000% for office category and 200% for commercial category (including supporting business of commercial operation, warehouse and staff canteen).

Nineteenth property service fees charged by the property service enterprises to the owners or property users. Included in the scope of property management has been completed but not yet sold, leased, or not delivered to the property buyer on time due to the reasons of the construction unit, the property service fee shall be paid by the construction unit.

After the property is completed and accepted, the construction unit shall notify the buyer in writing to handle the delivery formalities according to the purchase contract, and the property service fee shall be paid by the buyer after the property buyer accepts the house; When the property buyer accepts the house, the property does not meet the conditions stipulated in laws and regulations and the purchase contract, and the property service fee during the rectification period shall be paid by the construction unit; If the property buyer delays handling the delivery formalities without justifiable reasons, the property service fee will be charged from the month following the construction unit's written notice to the buyer to handle the delivery formalities, and will be paid by the property buyer, but the construction unit shall pay in advance and be responsible for the recovery. Unless otherwise agreed between the construction unit and the property buyer, such agreement shall prevail.

For the delivered but unused property, the property service fee shall be paid at 90%.

The property service fee is charged on a monthly basis, and can be charged in advance through negotiation between both parties, but the maximum period of charging in advance shall not exceed twelve months.

Twentieth prophase realty service contract from the date of entry into force to the date of delivery of the house for sale, and the realty service fee incurred in that month shall be borne by the construction unit. The property service fee from the month following the delivery date of the house for sale to the month following the termination of the previous property service contract shall be borne by the buyer according to the charging standard of the previous property service stipulated in the house sales contract; If there is no agreement in the house sales contract, it shall be borne by the construction unit.

When the property right is transferred, the property service fees incurred on or before the day of the transfer of the property right shall be borne by the transferor of the property right; The property service fee generated from the next month after the date of transfer of property rights shall be borne by the transferee of property rights. When the property right is transferred, the transferee of the property right shall learn about the property service contract and management agreement from the property service enterprise, and urge the original owner to settle the relevant property service fees. When the expenses are not settled, the transferee of property rights shall bear joint and several liabilities.

Twenty-first roads, green spaces and other public places, public facilities and property services in residential areas belong to the owners. The use of roads, green spaces, other public places, public facilities and real estate services, as well as facilities, equipment and parts used by the property, shall be approved by the relevant owners and owners' committees, or by the owners whose exclusive parts account for more than half of the construction area and more than half of the total number of people, and relevant procedures shall be handled in accordance with the regulations. After deducting reasonable costs (labor, maintenance and taxes, etc.). ), the income shall be used in accordance with the decision of the owners' meeting, and the actual income and expenditure of the income shall be announced to all owners and accepted by the owners' Committee.

Twenty-second vehicle parking services in the property management area, including site occupation services, parking lot property services and special vehicle storage services. If the right to use the site has been purchased or leased, no site occupation fee will be charged. Parking fees in non-planned areas shall be decided by the owners' congress and the owners' committee; Parking property service fees and parking land occupation fees in the planning area shall be subject to government guidance prices; The service fee for special custody of vehicles shall be subject to market adjustment; The charging standard for vehicle parking service shall be formulated separately by the competent price department.

Twenty-third owners (users) to decorate the house, the decorator shall declare to the property service enterprise before the interior decoration project starts. Owners, decorators or decoration enterprises need the realty service enterprise to provide special services, they can sign a decoration management service agreement with the realty service enterprise, and the realty service enterprise can charge the following fees to the owners (users) according to the interior decoration management service agreement:

(1) decoration service fee: when signing the decoration management service agreement, it will be charged to the owner in one lump sum according to the construction area and decoration period. The decoration service fee is mainly used for the energy consumption of various equipment and facilities, decoration management services and the production of various materials during the decoration period.

(2) Decoration garbage cleaning fee: the owner may entrust the property service enterprise to clean up the garbage generated by decoration (excluding the construction garbage generated by wall demolition), or clean up the garbage by himself within the specified time; Commissioned by the realty service enterprise removal, freight standards within the scope of government guidance by the owners and realty service enterprise consultation.

(3) Cost of entry and exit documents: In residential areas where entry and exit personnel are managed by documents or registration inquiries, property service enterprises can manage the entry and exit of decoration workers with certificates within a time limit and collect the cost of documents.

(4) Decoration deposit: according to the indoor decoration management service agreement, it is collected from the owner and the decoration enterprise in one lump sum. The decoration project should be returned immediately after completion. However, repair damaged parts (corridors, walls, etc.). ) and * * * facilities and equipment (elevators, intercom doors, etc. ) shall be borne by the responsible person during the renovation. When the responsible person refuses to maintain, the realty service enterprise can deduct the relevant decoration deposit for maintenance, and the rest will be returned after the renovation project is completed.

In addition to the above fees and data copying services can be reasonably charged according to the market price, the property service enterprise shall not charge any other expenses related to decoration, such as elevator use fees and corridor maintenance fees.

The above charging standards shall be formulated and published by the local price department in conjunction with the real estate department.

Twenty-fourth relevant units shall provide water, electricity, gas, heat, telecommunications, postal services, cable television and other services for the property management area. For services that are priced by the government or guided by the government, the prescribed charging standards shall be implemented, and fees shall not be increased or charged at will, and fees and services shall not be directly charged to the owners. If it is necessary to entrust a realty service enterprise to collect fees, the entrusting unit shall sign an entrustment contract with the realty service enterprise and pay 1-3% of the agency service fee to the realty service enterprise.

Twenty-fifth before signing the realty service contract, the realty service enterprise shall accept the public supporting service facilities that take over the realty management area. If the public supporting service facilities are incomplete or can not be used normally, the construction unit or the owners' meeting shall be required to improve them. Can not be improved, you can refer to these measures in the service contract to clarify the content and requirements of property services, service charges and standards.

The contents, standards and requirements of the daily operation and maintenance of the parts, facilities and equipment used by the property shall be specified in the service contract signed with the construction unit or the owners' meeting according to the relevant provisions.

Twenty-sixth property service charges to implement the charging publicity system and service price registration system. The realty service enterprise shall publicize the name of the realty service enterprise, service contents, service standards, charging methods, charging start time, service items, charging standards (including guiding price standards, allowable floating range and actual charging standards) and the charging items, charging standards, charging basis and price reporting telephone number 65438+ collected by the realty service enterprise in a prominent position in the realty management area. For the expenses that need to be shared by the owner (user), the specific sharing principles and calculation methods shall be announced and accepted by the owner's supervision and inquiry.

The forms of publicity can be bulletin boards, bulletin boards, service charge manuals, multimedia terminals, etc.

Before the establishment of the owners' meeting, the public service charges for property management in the early stage that were not determined through bidding should be handled by the construction unit or the property service enterprise with the Audit Form for Public Service Charges in the Early Stage within 15 working days before the property sales (pre-sale), and the Hunan Provincial Service Price Record Certificate should be handled by the local price department; Before the establishment of the owners' congress, the charging standard of public property management service in the early stage of residence determined by bidding, and the implementation standard of public property service charge determined by the property service enterprise and the owners' committee within the contract period with the consent of the owners' congress, shall be implemented after the property service enterprise fills in the Registration Form of Public Property Service Charge (see Annex 3) and reports it to the local price department for the service price registration certificate of Hunan Province.

Twenty-seventh property services companies in accordance with the provisions of the owners (users) to charge property services, no other unit or individual may charge the same fee.

If the realty service enterprise provides other services by itself without the entrustment of the client, the client has the right to refuse to pay the fees.

Twenty-eighth property services companies do not undertake to collect fees that they do not provide management or services. The relevant government departments (units) and communities shall collect fees from the owners (users) within the property management area in accordance with the regulations, and collect fees from the owners (users) on the basis of legal and valid vouchers.

Twenty-ninth property service enterprises should abide by laws and regulations in property services, strictly fulfill the property service contract, and provide the owners with services that match the quality and price. For the same property in the same property management area, price discrimination is prohibited, and the property service enterprise shall not implement different charging standards according to the identity of the owner.

The realty service enterprise shall not charge any fees including license fees to outsiders who enter the realty management area to provide power distribution, maintenance, installation and other services for the agreed owners, nor shall it charge any unspecified fees to the owners (users).

Thirtieth owners should pay the property service fee in full and on time in accordance with the provisions of the property service contract. If the owners violate the property service contract and fail to pay the property service fee within the time limit, the owners' committee shall urge them to pay the property service fee in full and on time; If it fails to pay within the time limit, it shall pay the corresponding overdue fine in accordance with the stipulations of the realty service contract, and the realty service enterprise may recover it according to law.

The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee with the consent of the owners' meeting and the realty service enterprise selected according to law are binding on the owners. The owner shall not refuse to pay the property service fee on the grounds that he is not a party to the contract. If the realty service enterprise has provided services in accordance with the contract and relevant regulations, the owner shall not refuse to pay the realty service fee on the grounds of not enjoying or not accepting it.

Article 31 A realty service enterprise that subcontracts some professional services in the realty service contract to other enterprises shall not lower the service quality, reduce the service content and raise the charging standard.

Thirty-second parties to a property contract shall accept the supervision of the township people's government and the street community, and may accept their mediation when a property service dispute occurs.

Price departments at all levels shall, jointly with the real estate department, strengthen the supervision of the service content, quality, charging items and charging standards of property service enterprises.

Property service enterprises that violate the laws, regulations and relevant provisions of property charges shall be punished by the competent price department according to the People's Republic of China (PRC) Price Law, the Provisions on Punishment of Price Violations, the Provisions on Clearly Marking Property Service Charges, the Regulations on Service Price Management in Hunan Province, and the Regulations on Price Supervision and Management in Hunan Province.

Article 33 Where the competent price department and the competent real estate department fail to manage and supervise the property service charges in accordance with the Price Law of People's Republic of China (PRC), the Regulations on Property Management and these Measures, the people's government at the same level or the competent price department at a higher level and the competent real estate department shall order it to make corrections and deal with the responsible person according to law.

Article 34 These Measures shall be implemented as of July, 2065438 1 day. Price departments at all levels may, in conjunction with the real estate departments at the same level, formulate detailed implementation rules in light of local conditions. The Notice of Hunan Provincial Price Bureau and Hunan Provincial Construction Department on Printing and Distributing the Implementation Measures for the Management of Property Service Charges in Hunan Province (Xiang Jia Fu [2004] 178) and other provisions inconsistent with these measures shall be abolished at the same time.

Before the implementation of these measures, the property service contract has been signed and has not yet expired, and the property service and its charging standards are still implemented according to the original contract. After the contract expires, it shall be implemented according to the provisions of these measures.

When these measures are implemented, if the owners' meeting has not yet been established and the original service level is lower than the charging standards applicable to these measures, the service level shall be improved accordingly; If the charging standard is lower than the corresponding service level of these measures, the charging standard shall not be raised without authorization before the establishment of the owners' meeting.