Is it legal not to pay the property fee?

It needs to be judged according to the purchase contract, property service contract and relevant laws and regulations.

I. General Provisions on Payment of Unpaid Property Fees

In the real estate transaction, after the buyers and developers sign the purchase contract, they usually sign the property service contract with the property company. According to these contracts, even if the house has not been delivered for use, buyers, as owners, still need to pay property fees as agreed. This is because before the delivery of the house, the property service company has begun to provide related property services, such as security, cleaning and greening.

Second, the payment of property fees under special circumstances

However, there are some special circumstances. For example, if the buyer and the developer clearly agree in the purchase contract that there is no need to pay the property fee before the house is delivered, then the buyer can implement it according to the contract. In addition, if the property service company fails to provide corresponding property services as agreed in the contract, the property buyers can also reduce or refund part of the property fees according to the contract or relevant laws and regulations.

Third, the way to solve legal disputes.

In practice, there are sometimes disputes over unpaid property fees. At this time, the two sides can solve the problem through consultation and mediation. If negotiation fails, the property buyers can bring a lawsuit to the people's court and safeguard their legitimate rights and interests through judicial channels.

To sum up:

Whether it is necessary to pay the property fee if the house is not handed over needs to be judged according to the purchase contract, property service contract and relevant laws and regulations. Under normal circumstances, buyers, as owners, need to pay property fees as agreed; However, under special circumstances, if there is a special agreement in the contract or there is a problem with the property service, the property buyer may request a reduction or refund of the property fee according to the contract or legal provisions. If there is any dispute, both parties should first try to solve it through consultation and mediation. If an understanding cannot be reached, it can be resolved through judicial channels.

Legal basis:

People's Republic of China (PRC) property right law

Article 72 stipulates that: the owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Never give up your rights or fulfill your obligations.

property management regulations

Article 41 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.