How does the Property Law stipulate the property fee of vacant houses?

The charging standard of vacant house property fee is that as long as the house has been handed over to the owner and has not been occupied for six consecutive months, it can be paid by 70%; If it is an unsold house, the developer needs to pay this fee until the house is sold.

1. What is the standard for charging property fees for 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.

Article 42 of China's "Property Management Regulations" stipulates: "The completed property that 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' congress select and employ 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.

Second, the provisions of the property fee.

Property charges regulation

Article 1 In order to further standardize the charging behavior of property services, improve the transparency of property services, safeguard the legitimate rights and interests of owners and property management enterprises, and promote the healthy development of the property management industry, these Provisions are formulated in accordance with the Price Law of People's Republic of China (PRC), the Regulations on Property Management and the Provisions on Clearly Marking Goods and Services.

Article 2 Property management enterprises providing services to owners (including providing property services as agreed in the property service contract and providing services other than those agreed in the property service contract upon the entrustment of the owners) shall clearly mark the price in accordance with these Provisions, and indicate relevant information such as service items and charging standards.

Article 3 Property management enterprises shall abide by the principles of openness, fairness, honesty and credit, and abide by national price laws, regulations, rules and policies.

Article 4 The competent pricing department of the government shall, jointly with the competent real estate department at the same level, implement the management of clearly marked prices for property service charges. The competent pricing department of the government shall supervise and inspect the implementation of clearly marked price provisions by property management enterprises.

Fifth property management companies should clearly mark the price, the price is complete, the content is true, the logo is eye-catching and the handwriting is clear.

Article 6 The contents of clearly marked price for property service charges include: the name of the property management enterprise, the charging object, service content, service standard, charging method, charging start time, charging items, charging standard, price management table, charging basis, price reporting telephone number 12358, etc.

Property service charges subject to government-guided prices shall indicate the benchmark charges, floating range and actual charges.

Seventh property management companies can clearly mark the price through bulletin boards, publicity columns, charge tables, charge lists, charge manuals, multimedia terminal inquiries, etc. In a prominent position or charge place within its service area.

Article 8 Where a property management enterprise accepts the entrustment to collect water supply, power supply, gas supply, heat supply, communication, cable TV and other related fees, it shall also clearly mark the price according to the relevant contents and methods in Articles 6 and 7 of these Provisions.

Article 9 A property management enterprise shall provide services other than those stipulated in the property service contract upon the entrustment of the owner, and the charging standard shall be clearly indicated to the owner in an appropriate way after both parties agree.

Article 10 When the clearly marked property service charging standard changes, the property management enterprise shall adjust the related contents one month before the implementation of the new standard, and indicate the effective date of the new standard.

Eleventh property management companies shall not use false or misleading price content to conduct price fraud. Don't charge any unspecified fees in addition to the list price.

Article 12 If a property management enterprise does not clearly mark the price or uses the clearly marked price to commit price fraud, the competent price department of the government shall punish it according to the Price Law of People's Republic of China (PRC), the Provisions on Administrative Punishment of Price Violations, the Provisions on Clearly Marking the Price of Goods and Services and the Provisions on Prohibiting Price Fraud.

Article 13 These Provisions shall come into force as of June 1 day, 2004.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: "Civil Law" stipulates: "Property service personnel provide property services in accordance with the agreement and relevant 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".