Do developers have to pay property fees when they hand over houses in violation of regulations?

Do I have to pay the property fee if I don't accept the house or check in?

Reader Mr. Yang bought a suite in Luojiang, and recently received a notice from the developer that he can hand over the house, asking him to go through the formalities of closing the house and pay the relevant fees. The new house can be handed over. Mr. Yang is inevitably a little happy, but he is also a little annoyed. "I have a house in the city, and I won't move in the past year or two. Do you want to take the house? If the house is closed, is it necessary to pay the property fee? "

Coincidentally. A netizen who bought a house in QQ group is also worried about the problem of collecting the house. This netizen consulted and heard that the property fee will be paid when the house is closed. If you don't accept the house for the time being, can you not pay it first? "The main reason is that the new house is too far away from the company and can't live for the time being. There is no living person or garbage. If you hand it over, isn't it embarrassing? "

The reporter learned that the problem of paying property fees at the time of repossession has become a problem for many property buyers, especially the owners who are temporarily not staying in new houses for various reasons.

If the building meets the delivery conditions, you have to pay if you don't stay.

Then, is it the date of delivery, as long as the buyers do not accept the house, they can not pay the property fee? Are there any relevant provisions on the payment time of property fees in relevant legal provisions? The reporter learned that under normal circumstances, the residential property department will ask the owner to pay the house payment before going through the formalities of handing over the house and getting the key to the new house. Then, can the owner refuse to pay the relevant property service fee during the period when the owner has not moved in?

On this issue, the reporter consulted Xu Liangmei, a lawyer of Fujian Minrong Law Firm. Lawyer Xu said that according to the relevant provisions of the Regulations on Property Management in Fujian Province, "the property service fees incurred before the property is delivered to the buyer shall be fully borne by the construction unit. Since the property is delivered to the buyer, the property service fee shall be borne by 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.

Regarding the delivery conditions, according to the relevant provisions of the Regulations on the Management of Urban Real Estate Development, the developer can only deliver the house after obtaining the acceptance certificate, the fire acceptance certificate, and providing the delivery conditions such as the Residential Quality Guarantee and the Residential Instruction Manual.

Lawyer Xu said that if the house has passed the acceptance and delivery, even if the owner doesn't move in, it can't be exempted from the obligation to pay the property fee, because the property management company has provided services such as greening, cleaning and safety for the community, and has provided agreed services to the public parts according to the contract, so it has the right to charge the corresponding service fee according to 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.

The payment standard of property fees refers to the government-guided price at the time of delivery.

Since property fees must be paid, what is the standard of payment?

The reporter inquired about the Detailed Rules for the Administration of Property Service Charges in Quanzhou City, which was implemented on June 20 12. Article 4 of the Ordinance stipulates that property service charges shall be subject to government-guided prices and market-regulated prices according to the nature and characteristics of different properties. Residential (excluding villas, low-density high-grade townhouses, the same below) pre-property service charges are subject to government guidance prices.

Lawyer Xu said that according to the Regulations on Property Management in Fujian Province, "before the new property is sold, the construction unit should hire a property management company to conduct preliminary property management, sign a preliminary property service contract, and report it to the real estate administrative department of the county (city, district) people's government for the record within 30 days." Therefore, under normal circumstances, the property at the time of delivery is generally the early property. According to Article 40 of the above provisions, the charging standards for such properties refer to the government-guided prices. According to the different service contents, the charging standards for each service level will be different.

However, it is necessary to remind the owners that they should try their best to choose the residential areas developed by brand developers, because the property services in these residential areas are more secure. At the same time, we should pay attention to the service level, service content, specific charging standards, charging methods and charging start time in the previous property service contract, so as to "understand consumption".