New real estate regulations in 2022

Although some communities are negotiated by developers and property companies, it is the owners who actually enjoy property services. Owners can also set up owners' committees, re-sign property contracts with residential properties, and formulate charging items and charging standards. According to the regulations, if the house has been delivered for use, but the owner has not moved in or gone through the check-in formalities but has not used the house, the property fee shall be borne by the owner. Therefore, the property fees of vacant houses should still be borne by the owners themselves.

Payment of property fees and property services are as follows:

1. First of all, the collection of property fees involves the property fees before and after the property delivery (the developer's vacant house property fee) and the property fees of the vacant house after the owner moves in;

2. Secondly, the key to determine the obligor of property management service fee is to see who is the party to the property management service contract. 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.

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.