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Legal consultation on unpaid residential property fees in Shanghai
For homeowners, property fees are often heard, which also involves many legal issues, one of which is the problem of non-delivery of property fees.
1. Do I have to pay the property fee if I don't live in a house?
(1) According to China's Property Management Regulations, the property service fee is paid by the construction unit for the completed property that has not been sold or handed over to the property buyer. In other words, if the developer delivers the house as scheduled according to the purchase contract and completes the normal handover, then the owner should not bear the property fee before delivery.
(2) If the delivery of the house is delayed due to the developer's reasons, the property fee during this period shall be borne by the developer, and the buyer does not need to pay any property fee before delivery.
(3) If the developer delivers the house as scheduled, but the house cannot be closed due to the owner's reasons, then when the developer notifies the owner, the owner shall bear the corresponding property expenses thereafter. But under certain circumstances, the owner can get some relief. For example, in some places, after buying a house, they have never moved in or have not used it for more than six months in a row. After being confirmed by the property management company, they can pay the property fee according to the standard of 70% from the seventh month.
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