Provisions on charging property fees for vacant houses

According to the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership of Buildings and the Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Property Services issued by the Supreme People's Court, the property service enterprises have provided services in accordance with the contract and relevant regulations, and the people's courts will not support them only on the pretext that the owners have not enjoyed or accepted relevant property services. In other words, if the house is vacant, it is necessary to pay the property fee. Owners can't refuse to pay for not enjoying property services. According to the Measures for the Implementation of Residential Property Service Charge Management, if the house is vacant for more than half a year after delivery, the property service fee shall be paid at 70% of the property service charge standard after confirmation by the owner or property user and the property service enterprise. Unless otherwise agreed in the contract, such agreement shall prevail. Therefore, if there is no special agreement with the real estate, and the house is vacant for more than half a year after delivery, you can only pay 70% of the property service fee.

Article 41 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 42

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.

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