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Full text of the measures for the administration of residential property service charges in Shandong Province
Article 1 In order to regulate the charging behavior of residential property services and safeguard the legitimate rights and interests of owners, property users and property service enterprises, these measures are formulated in accordance with the Price Law of People's Republic of China (PRC), the Regulations of Shandong Province on Property Management and other laws and regulations, combined with the actual situation of this province.
Article 2 These Measures shall apply to residential property service charges and their supervision and management within the administrative area of this province.
Article 3 The term "residential property service fee" as mentioned in these Measures refers to the fees charged by property service enterprises to the owners or property users for the maintenance, conservation and management of houses, supporting facilities, equipment and related sites in residential areas, and for maintaining the environmental sanitation and related order in the property management area.
Article 4 Advocate owners to choose property service enterprises through an open, fair and just market competition mechanism, encourage property service enterprises to conduct legitimate price competition, prohibit price fraud, and promote the formation of property service charges through the market.
Fifth residential property service charges should follow the principles of rationality, openness and the adaptation of charges to service levels.
Sixth provincial price departments in conjunction with the provincial housing and urban construction departments responsible for the supervision and management of residential property service charges in the province.
The competent price department of the people's government of a city or county (city, district) divided into districts shall, jointly with the real estate management department at the same level or the construction administrative department (hereinafter referred to as the competent property department), be responsible for the supervision and management of residential property service charges within their respective administrative areas in accordance with the price management authority.
Seventh residential property services charges according to the types, characteristics and stages of property services, respectively, the implementation of government-guided prices and market-regulated prices.
Ordinary residential property service fees and parking service fees shall be subject to government-guided prices, and the price departments of the people's governments of cities and counties (cities, districts) divided into districts shall, jointly with the property departments at the same level, formulate the benchmark price and floating range for local implementation, which shall be announced to the public every year after being approved by the people's governments at the same level. The specific charging standard shall be agreed by the construction unit and the prophase realty service enterprise within the specified benchmark price and floating range.
After the establishment of the owners' committee, the property service charges for non-ordinary houses and ordinary houses shall be subject to market adjustment prices, which shall be determined by the owners' assembly or all owners through consultation with the property service enterprises.
Eighth ordinary residential property service fees according to the level of property service, service quality, service cost and other factors, the implementation of hierarchical pricing.
Property service level standards shall be formulated and promulgated by the municipal property administrative department in conjunction with the price administrative department at the same level.
Ninth ordinary residential property service fees include:
(1) Managing the salaries, social insurance and welfare benefits of service personnel. ;
(two) the daily operation, maintenance and testing costs of the parts and facilities used by the property;
(three) the cost of cleaning the property management area;
(four) the cost of greening and maintenance in the property management area;
(five) the cost of maintaining the order and safety of the property management area;
(6) office expenses;
(seven) the depreciation of fixed assets of property service enterprises;
(eight) * * * property, * * * facilities and equipment and public liability insurance costs;
(nine) other expenses agreed by the owner.
The cost of maintenance, renovation and transformation of the parts and facilities used by the property shall be charged by special maintenance funds and shall not be included in the expenditure or cost of property services.
The electricity fee for the operation of water supply secondary pressurization equipment shall be borne by the water supply unit and shall not be included in the property service fee.
Article 10 A realty service contract shall stipulate the realty service level, service content, charging standard, charging method, charging start time, contract termination and other contents. Where the interests of property buyers are involved, the agreement shall be consistent.
The housing sales contract signed by the construction unit and the property buyer shall include the above-mentioned property service contract.
If the noise, dust pollution, supporting facilities and green environment in residential areas are not up to the standards agreed in the purchase contract due to the staged development and delivery by the development and construction unit, the property service fee shall be appropriately reduced or exempted, and the difference shall be compensated to the property service enterprise by the construction unit.
Eleventh owners or property users shall pay monthly property service fees from the date of delivery of the property. Has been included in the scope of property services, but the property has not been delivered to the owners or property users, property services costs paid by the development and construction units.
If the owner or the user of the property delays the delivery formalities without justifiable reasons, the property service fee will be charged monthly from the date when the construction unit notifies the owner or the user of the property in writing to handle the delivery formalities.
If there is an agreement in the property service contract, the property service fee can be collected in advance, and the time of collection in advance is generally not more than half a year.
Twelfth property service fees according to the statutory property area (excluding the storage room area with residential facilities).
Houses, garages and warehouses designed for operation shall be charged according to the property service fees of the corresponding business premises.
Thirteenth after the delivery of the house vacant for more than one year, unless otherwise agreed in the contract, the property service fee shall be appropriately reduced according to the actual operating costs.
Fourteenth parking space rental fees shall be guided by the government, and the price department of the people's government of the city or county (city, district) divided into districts shall, jointly with the property department at the same level, formulate the benchmark price and floating range implemented in this area, and report it to the people's government at the same level for approval before implementation. The specific charging standard shall be agreed by the lessee and the construction unit within the specified benchmark price and floating range.
Fifteenth property management area owners * * * have parking spaces garage users should pay parking service fees.
Parking service fees include the operation and maintenance, cleaning, order maintenance, public liability insurance and other expenses of garage and parking facilities and equipment.
Owners or property users who have storage requirements for automobiles or non-motor vehicles shall make separate agreements with the property service enterprises.
If a parking space has been purchased but the vehicle has not been parked, the parking service fee shall be appropriately reduced.
Sixteenth owners who occupy roads or other places in the property management area to park their vehicles shall pay the parking fee. The charging standard is determined by the owners' meeting, and the expenses are owned by all owners.
Seventeenth property services companies to implement vehicle pass management, should be free of charge for the owners or property users to configure the pass. If it needs to be reissued due to loss or damage, a fee may be charged appropriately.
Eighteenth property service enterprises shall not charge parking fees for vehicles entering the property management area to distribute, maintain, install and perform official duties for owners or property users.
In addition to the provisions of the preceding paragraph, other foreign vehicles parked for more than 2 hours can charge a certain fee.
Nineteenth water supply, gas supply, power supply, heating and other professional business units shall charge the end users in accordance with the service contract signed with the owners.
The realty service enterprise shall accept the fees entrusted by the professional business unit and the sanitation management unit, and shall not charge the owners extra fees such as handling fees, but may collect remuneration from the professional business unit and the sanitation management unit in accordance with the agreement.
Professional business units and sanitation management units shall not force property service enterprises to charge fees, and shall not stop providing services to end users because property service enterprises refuse to charge relevant fees.
Article 20 The construction waste generated by the owners or property users in the process of interior decoration of their property shall be piled up at the place designated by the property service enterprise or the community residents' committee, and bear the removal expenses. The specific charging standard shall be determined by both parties through consultation.
Twenty-first property service enterprises should strengthen price self-discipline, abide by price laws, regulations and policies, and strictly perform property service contracts. Service standards and charging standards should be consistent with quality and price.
Article 22 A realty service enterprise shall publicize its name, service contents, service standards, charging methods, charging start time, service items, charging standards and charging basis, and price reporting telephone number 12358 in a prominent position within the realty management area, accept the supervision of the owners, and shall not charge any unspecified fees from the owners or property users.
Twenty-third property services companies should regularly publish * * * revenue and expenditure accounts in a prominent position in the property management area.
Article 24 If a realty service enterprise, in violation of regulations and realty service contracts, arbitrarily expands the scope of charges, raises the standard of charges and charges repeatedly, the owners or users of the realty have the right to refuse to pay.
If the realty service enterprise performs its obligations in accordance with the contract, the owner or the property user shall pay the realty service fee in full and on time, and shall not refuse to pay it for any reason. If the owner refuses to pay, the property service enterprise can recover the money according to law.
When the property right is transferred, the owner or property user shall settle the property service fee.
Twenty-fifth government departments in charge of prices shall implement a cost supervision and examination system and a price monitoring system for property services. The realty service enterprise shall, in accordance with the requirements of the competent price department of the government, truthfully reflect the situation and provide the necessary information.
Twenty-sixth government price departments should strengthen the supervision and inspection of property service charges. The realty service enterprise has one of the following acts, which shall be punished by the competent price department according to the Price Law, the Provisions on Administrative Punishment of Price Violations and other laws and regulations:
(a) beyond the floating range of the government guidance price to set the charging standard;
(two) below the service level requirements to provide services and charges;
(3) Raising the charging standard in disguised form by decomposing charging items, repeating charging and expanding the charging scope;
(4) Compulsory services and charges;
(five) not according to the provisions of the price tag;
(six) other acts in violation of the provisions of price laws and regulations.
Article 27 Where the competent price department and the competent property department fail to manage and supervise the property services in accordance with the Price Law, the Regulations of Shandong Province on Property Management and these Measures, the superior competent price department and the competent property department shall order them to make corrections, and the relevant personnel shall be held accountable according to law.
Twenty-eighth before the implementation of these measures, the property service contract has not expired, and the property service and its charging standards are still implemented according to the original contract. After the expiration of the contract, it shall be implemented in accordance with the provisions of these measures.
Twenty-ninth other managers' property service charges can be implemented with reference to these provisions.
Thirtieth districts and cities shall formulate specific implementation measures in light of local conditions, and report them to the Provincial Price Bureau and the Provincial Department of Housing and Urban-Rural Development for the record.
Article 31 These Measures shall come into force for five years from 20 12 1 year1October 65438. "Notice of Shandong Provincial Price Bureau and Shandong Provincial Construction Department on Printing and Distributing" (Lu Jia Fei Fa [2004] No.205) shall be abolished at the same time.
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