Provisions on vacant houses in the Property Management Regulations

New regulations on property fees for vacant houses in 2022

Since 202 1, 1, 1, the new provisions of the civil code have come into effect. The provision on the payment of property fees is: "Property service personnel provide relevant services in accordance with the regulations, and the owners shall not refuse to pay property fees on the grounds that they have not accepted or do not need to accept relevant property services." Objectively speaking, the main body of property services is the whole community, not an owner. Also, when you close the house, the property service contract signed with the property management company will clearly indicate the agreed matters. If you have no clear evidence to prove that the property management company fails to perform the contract, it can be regarded as your breach of contract.

At the same time, however, the Civil Code also stipulates restrictions on property companies to collect property fees. Article 944 also stipulates that property managers cannot collect property fees by stopping power supply, water supply, heating and gas supply. The new civil code not only stipulates the service of property and the payment of property fees, but also reaffirms the ownership of the income in the public area of the community. According to the new regulations, if the construction unit, property service company or other managers use the public part of the owner to bring in income, after deducting reasonable costs, the rest will be owned by the owner.

According to the data, at present, more than 20% of cities in China, housing vacancy rate, have more than 70 million vacant houses nationwide. According to the latest provisions of the Civil Law, these vacant houses, regardless of whether the owners can't live, have to pay a "property fee" of 202 1! In this regard, the owner should understand.

Vacant real estate property fee charging standard 2022

(a) the way to collect property fees for the delivered vacant houses.

If the property has been sold and delivered to the owner, the owner is the obligor to pay the service fee. After the property is delivered, it shall be borne by the buyer, and the owner's property fee shall be calculated from the date of delivery and collected in full after occupancy. For vacant properties that have not been occupied for a long time (for more than six months in a row) after the owner moves in, and vacant properties that have not been used for a long time after moving in, the owner shall file a written record with the property management company, pay the vacant property management fee at 70% of the stipulated or agreed service fee standard, or collect the property fee according to the provisions of the relevant departments of provinces, cities and counties on the reduction and exemption of vacant houses.

(two) the way to collect the property fee of the undelivered house.

Article 42 of China's "Property Management Regulations" stipulates: "The property that has been built but has not been sold or handed over to the property buyer shall be paid by the construction unit." Article 21 also stipulates: "Before the owners and the owners' general assembly select the realty service enterprise, the construction unit shall sign a written preliminary realty service contract. "According to the above-mentioned laws and regulations, the charging time of the property service fee undertaken by the development and construction unit shall be subject to the charging time stipulated in the contract signed with the property service enterprise.

(three) the standard of property fees for vacant houses

Property service charges should distinguish the nature and characteristics of different properties, and implement government-guided prices and market-regulated prices respectively. The specific pricing form shall be 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.

If the property service charges are subject to government-guided prices, the competent price department of the people's government with pricing power shall, jointly with the real estate administrative department, formulate the corresponding benchmark price and its floating range according to factors such as the standard of property management service level, and publish it regularly. The specific charging standard is agreed by the owner and the property management enterprise in the property service contract according to the specified benchmark price and floating range.

To sum up, the property fee is paid by the owner. Even if you don't move in in in time, you have to pay this fee, but generally it will not be paid in full, but 70% of the total. So when dealing with it, we must make an agreement with the property company and make it clear in the property service contract, so as to protect our rights and interests.

The above is the introduction of the property fee standard of vacant houses in the Civil Code of 2022. According to the new regulations on vacant houses, we can know that vacant houses still need to pay property fees in 2022, regardless of whether the owners can't live. According to the new provisions of the Property Law, 70% of public service fees need to pay vacant property management fees, but this needs to be in accordance with the regulations of property companies. After all, the property regulations in each region are different.

Legal basis:

Article 939 of the Civil Code of People's Republic of China (PRC), the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.