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Measures for the Administration of Property Service Charges
1. Property service charges shall follow the principles of reasonableness, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the property service contract;
2. The owner shall pay the property service fee according to 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, the property service fee shall be paid by the construction unit;
3, the price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges;
4. The realty service enterprise may provide services other than those stipulated in the realty service contract according to the entrustment of the owners, and the service remuneration shall be agreed by both parties;
5, property management area, water supply, power supply, gas supply, heating, communications, cable television and other units shall charge the relevant fees to the end users. If the realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners;
6, the property management area in violation of public security, environmental protection, property decoration and use of laws and regulations. The realty service enterprise shall stop it and report to the relevant administrative departments in a timely manner.
The charging standard of property management fees must follow the following four principles:
1, the principle of rationality. The principle of rationality means that the charging standard for property management should conform to the national regulations, the objective laws of property management and the actual needs of owners and tenants. Property management companies are not allowed to set up charging items without authorization and charge fees under various pretexts. Before the establishment of the owners' committee, the management fee standard should be reported to the government price department for approval; After the establishment of the owners' committee, the owners' committee and the property management company shall determine the price through consultation according to the price stipulated by the government price department. The management fee standard should consider the actual economic ability of most users;
2. The principle of fairness and compensation. The principle of fair compensation is embodied in who uses, who pays, who benefits and who pays. Whether users are owners or tenants, big owners or small owners, they should pay management fees for the properties they use. The more he uses, the more he pays. Different users share management fees according to the construction area of the property used;
3. The principle of openness and transparency. The management company and the owner are two equal legal subjects, or whoever manages whom. Therefore, all the interests between the property management company and the owners must be made public and explained in advance, not only for the owners' committee, but also for the first owners. Only in this way can disputes be avoided;
4, the principle of service quality and charging standards. The management fee standard should be adapted to the service quality. In other words, if the management fee standard is high, there will be more services, and the management level and service quality provided will be high. If the management fee standard is low, the service will be less and the service requirements will be low. Management companies should not only charge for no service, or charge more for less service, or charge more for lower service quality.
To sum up, the collection standards of property fees vary from place to place, and the specific collection standards of property fees are announced by the local price bureau.
Legal basis:
Article 40 of the Regulations on Property Management
Property service charges should follow the principles of rationality, openness and adaptability between fees and service levels, and distinguish the nature and characteristics of different properties. The owners and the realty service enterprise shall, according to the charging standards for realty service formulated by the competent price department of the State Council in conjunction with the administrative department of construction of the State Council, stipulate in the realty service contract.
Article 41
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.
Article 42
The price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.
Article 43
The realty service enterprise may, according to the entrustment of the owners, provide services other than those stipulated in the realty service contract, and the service remuneration shall be agreed by both parties.
Article 44
Within the property management area, water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users.
Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.
The 45th Session
Article 3 A realty service enterprise shall stop acts violating laws and regulations such as public security, environmental protection, property decoration and use within the realty management area, and report to the relevant administrative departments in time.
After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.
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