Is it legal for the property to collect garbage cleaning fees?

Is it legal for the property to collect garbage cleaning fees?

The garbage disposal fee charged by the community is collected by the competent sanitation department, which belongs to the service fee and is legal. Property collection of garbage disposal fees requires the sanitation department to issue a power of attorney to the property management company in the community. If the citizens find that the property management company charges without the power of attorney from the sanitation department, they can refuse to pay the fee. There are also residents and units that have paid the garbage disposal fee according to the regulations, and the sanitation department, street offices and communities are not allowed to charge them any other fees related to garbage disposal.

The difference between property fees and urban garbage fees is as follows:

1. Property fee refers to the fee charged by property owners and users who entrust the property management unit to carry out daily maintenance, repair and transformation of buildings and their equipment, public facilities, greening, sanitation, transportation, public security and environment in residential areas, and provide other services related to residents' lives;

2. Domestic waste disposal fee refers to the solid waste generated by daily life or activities providing services for daily life and the disposal of solid waste regarded as domestic waste according to laws and regulations, including the expenses generated by source reduction, cleaning, classified collection, storage, transportation, treatment, disposal and related management activities of domestic waste.

To sum up, according to the relevant laws and regulations of our country, the property management company and the owner should sign a property service contract, and the owner should pay the property service fee according to the regulations. If the property management company defaults on the property service fee, the property management company can sue the owner.

Legal basis:

Article 937 of the Civil Code of People's Republic of China (PRC)

A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee.

Property service providers include property service enterprises and other managers.

Article nine hundred and thirty-eight

The contents of the realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.