Hunan: The property fee for vacant houses shall not exceed 90%.

Recently, in order to further standardize the behavior of property service charges and safeguard the legitimate rights and interests of owners, property users and property service providers, the Measures for the Administration of Property Service Charges in Hunan Province has been revised again, which will take effect on May 15, 2022, with a validity period of 5 years.

The revised Measures for the Administration of Property Service Charges in Hunan Province (hereinafter referred to as the Measures) consists of 25 articles, including jurisdiction, pricing rules, property service contracts, supervision and management, etc.

The decoration service fee is subject to government guidance.

The "Measures" clarify the pricing forms and procedures of ordinary commercial houses and villas, and implement government-guided prices for three expenses, such as "purchasing parking space property service fee, decoration service fee and decoration garbage disposal fee".

According to the nature and characteristics of different properties, property service charges are subject to government-guided prices and market-regulated prices respectively. Before the establishment of the owners' meeting, the collection standard of ordinary commodity residential property service fees (including the purchase of parking space property service fees, decoration service fees, decoration garbage disposal fees) shall be subject to government guidance prices. For villas (specifically, commercial houses and townhouses with independent outdoor courtyards) and other non-residences, after the establishment of the owners' meeting, the collection standard of property service fees for ordinary commercial houses (including the purchase of parking space property service fees, decoration service fees and decoration garbage disposal fees) shall be subject to market-adjusted prices.

The prices of water, electricity and gas in the property management area shall be implemented in accordance with the relevant provisions of the competent pricing department. Water supply, power supply, gas supply, heating, communication, cable TV and other units shall charge relevant fees to the end users. If the property service provider accepts the entrustment to collect the above fees, it shall not charge the owner any extra fees such as handling fees, and the property service provider shall not stop power supply, water supply, heating and gas supply to urge the payment of property service fees. Before the establishment of the owners' congress, the realty service provider shall manage the operating income of the property parts and facilities, and the operating income shall be used for special purposes, and the income and expenditure shall be publicized regularly.

Clear the time node when the property service provider records the property.

When the construction unit delivers the house to the buyer, the delivery procedures must be substantially completed. The "Measures" clarified the time node for the property service provider to record the property. Before the establishment of the owners' meeting, the charging standard of property service fee for ordinary commercial housing in the early stage, which is managed by government guidance price, is determined by the construction unit according to the property characteristics and service requirements before the pre-sale of commercial housing, and is agreed with the buyer in the commercial housing sales contract, and must be clearly informed to the property buyer, and stated in the commercial housing sales contract. The final standard of the property service fee shall be the price standard that the property service provider reports to the development and reform department for filing and review according to the provisions of laws, regulations and price management policies.

The prophase property service fee for ordinary commercial housing subject to government guidance price shall be reported to the local municipal and county development and reform departments for filing and review within 30 days after the property service provider and the construction unit complete the property acceptance and handover.

The quality level, content and charging standard of the property service after examination and filing shall be clearly stipulated in the property service contract signed by the property service provider and the property buyer in the early stage. The agreement involving the interests of property buyers should be consistent. For residential projects with the same service content and service level within the same property management area within the same property service contract period, the charging standards for property services shall be consistent.

Before the establishment of the owners' meeting, the construction unit and the property service provider agreed in the preliminary property service contract that the commercial housing sales contract signed by the construction unit and the property buyer should include the contents agreed in the preliminary property service contract; After the establishment of the owners' congress, the owners' congress will select the service items, service quality grades, charging standards and qualified property service providers according to the property characteristics and service requirements through legal procedures, and determine them according to the procedures stipulated in the General Principles of the Civil Law of People's Republic of China (PRC), the Regulations on Property Management of Hunan Province and other relevant laws and regulations, and sign a property service contract.

The longest lead time shall not exceed twelve months.

How to adjust the property fee of the government-guided price standard during the implementation of the previous property service? The obligor for paying the property service fee shall be determined according to the following provisions: 1. The property service fee for the month from the date of signing the preliminary property service contract to the date of delivery of the house to the buyer shall be paid by the construction unit? Second, the property service fee for the month after the house is delivered to the buyer and thereafter shall be paid by the owner. However, the property service fee promised by the construction unit to the owner and the property service fee of unsold houses shall be paid by the construction unit. 3. The construction unit shall promptly notify the buyer of the acceptance and delivery of the house according to the time and notification method agreed in the house purchase contract. If there is any change in the mailing address and communication mode agreed in the house purchase contract, the buyer shall notify the construction unit before the house acceptance and delivery time agreed in the house purchase contract. After receiving the notice of acceptance and delivery of the house from the construction unit, the buyer shall timely inspect the house and handle the delivery procedures. If the buyer fails to meet the quality requirements stipulated in laws and regulations or the purchase contract when accepting the house, the property service fee during the rectification period shall be paid by the construction unit. If the property buyer delays handling the delivery formalities without justifiable reasons, the property service fee will be charged from the month following the construction unit's written notice to the buyer to handle the delivery formalities, and will be paid by the property buyer, but the construction unit shall pay in advance and be responsible for the recovery. Unless otherwise agreed between the construction unit and the property buyer, such agreement shall prevail. Fourth, if the owner rents or lends his house to the lessee or the borrower for use, and it is agreed that the lessee and the borrower will pay the property service fee, the owner shall bear joint liability according to law. Fifth, when the owner pays the property service fee of the vacant house that has been delivered but not occupied or used according to the time stipulated in the property service contract, the property service fee shall be paid at a rate of no more than 90%, and the specific preferential range shall be determined by the city and county. Sixth, the owner rents some houses that are not included in the construction area according to law, and the lessee uses them for living according to law, and pays the property service fee according to the standard of ordinary commercial housing; If the lessee is used for other non-residential purposes according to law, the property service fee shall be paid according to the non-residential standard; If the lessee uses it for parking purposes according to law, it shall pay the property service fee according to the property service standard of the purchased parking space.

The property service fee is charged monthly, and the specific payment time of the owner can also be paid quarterly or annually. If both parties agree to advance payment, the longest advance payment period shall not exceed twelve months.