Do I have to pay the property fee if I don't pay the house?

Owners do not need to pay property fees before handing over the house. The property fee of the house that has not been delivered to the owner shall be paid by the construction unit, and the owner need not pay it. The property fee that the house has been delivered to the owner shall be paid by the owner from the next month after receiving the house. Non-delivery refers to the property service fee incurred before the property without property fee is delivered to the buyer, which shall be borne by the construction unit in full. The property service fee shall be borne by the buyer from the date when the house is delivered to the buyer, unless otherwise agreed by both parties. Therefore, whether the owner should bear the property fee depends on whether the developer has the conditions to hand over the house when the property is delivered. If the house has passed the acceptance and delivery, even if the owner does not move in, it cannot be exempted from the obligation to pay the property fee. Because the property management company provides greening, cleaning, safety and other services for the community, it has provided the agreed services for the public parts in accordance with the contract, so it has the right to charge the corresponding service fees in accordance with the previous property service contract. If the owner fails to go through the formalities of closing the house for his own reasons, he should also make up the property fee when closing the house.

You can refuse to pay the property fee in the following circumstances:

1. If the service is not in place, the owner does not enjoy the service stipulated in the signing contract, or the service is not in place and does not meet the standard, he may refuse to pay the fee;

2, rental housing, if the owner rents his own house, and for rental housing, there are tenants. Generally, if it is stated in the contract that the tenant pays the property fee, the owner can refuse it appropriately;

3, property fees, the property requires the owner to pay all kinds of improper property fees, the owner can refuse to pay.

To sum up, the property fee should not be paid if the house is not delivered, and the owner who has not delivered the house does not need to pay the property fee, and the property fee should be borne by the housing construction unit. If the house is not delivered, the construction unit shall hire a property company to manage it and pay the property fee.

Legal basis:

Article 41 of the Regulations on Property Management

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.