Contents of the Interim Measures for the Administration of Property Service Charges in Qingdao

Article 1 In order to standardize the behavior of property service charges and safeguard the legitimate rights and interests of owners and property management enterprises, these Measures are formulated in accordance with the relevant provisions of the Property Management Regulations (Order No.379 of the State Council), the Qingdao Property Management Regulations and the Measures for the Administration of Property Service Charges (Development and Reform Price [2003] 1864) and in combination with the actual situation of this Municipality.

Article 2 The term "property service charges" as mentioned in these Measures refers to the fees charged by property management enterprises to the owners for the maintenance, conservation and management of houses, supporting facilities and related sites, and for maintaining the environmental sanitation and order in the relevant areas.

Article 3 These Measures shall apply to the charging behavior of property management enterprises registered by the administrative department for industry and commerce and qualified by the administrative department for property management in the administrative area of this Municipality for managing and providing services to all kinds of properties.

Fourth city and district (city) price departments in conjunction with the property management administrative departments at the same level shall be responsible for the supervision and management of property service charges within their respective jurisdictions.

Fifth property service charges should follow the principles of rationality, openness and the adaptation of charging standards to service levels.

Sixth property service charges according to the type of property, service nature and characteristics of the implementation of government guidance and market adjustment price.

Unless otherwise stipulated by the state and the province, the charges for loading and unloading services and other special services provided by the owners shall be subject to market-adjusted prices.

Seventh owners and property management companies can use contract system, gratuity system and other forms to agree on property service fees, but before the establishment of the owners' meeting, the property service fees of residential properties shall not be subject to gratuity system.

Contract system refers to the way that the owner pays a fixed property service fee to the property management enterprise, and the profit or loss is enjoyed or borne by the property management enterprise.

The contract gratuity system refers to the method of charging property services by paying the contract gratuity to the property management enterprise according to the agreed proportion or amount from the property service funds received in advance, and the rest is used for the expenses agreed in the property service contract, and the balance or insufficient part is enjoyed or borne by the owner.

Article 8 Where the contract system of property service fees is implemented, the composition of property service fees includes property service costs, statutory taxes and fees and profits of property management enterprises.

The implementation of the property service fee reward system, the property service funds received in advance include property service expenditure and property management enterprise remuneration.

The composition of property service cost or property service expenditure generally includes the following contents:

(1) Managing the salaries, social insurance and welfare benefits of service personnel. ;

(two) does not include the daily operation and maintenance costs of parts, facilities and equipment used by central air conditioning, secondary water supply, elevator operation and other properties;

(three) the cost of environmental sanitation cleaning in the property management area;

(four) the cost of greening and maintenance in the property management area;

(5) Maintenance fee for regional order of property management;

(6) office expenses;

(seven) depreciation of fixed assets of property management enterprises;

(eight) * * parts of the property, * * facilities and equipment and public liability insurance fees can be included in the cost of property services only after the consent of the owners' meeting;

(nine) other expenses agreed by the owner.

The cost of maintenance, renovation and transformation of property parts and facilities shall be charged through special maintenance funds and shall not be included in the expenditure or cost of property services.

Article 9 Where the contract system of property service fee is implemented, the property management enterprise shall inform the owners' assembly about the income and expenditure of property service fee and the implementation of property management every six months, and regularly announce the accounts of income and expenditure of property service fee and the implementation of property management to the owners according to the requirements of the owners' assembly.

Article 10 The house sales contract signed by the construction unit and the property buyer shall include the contents stipulated in the previous property service contract. The prophase realty service contract shall include service contents, service standards, charging items, charging standards, charging methods and starting time, etc. , consistent with the agreement involving the interests of property buyers.

Article 11 Before the establishment of the owners' congress, if the construction unit selects a property management enterprise through bidding, the property service fee standard will be generated through bidding and agreed in the preliminary property service contract. If the construction unit employs a property management enterprise by agreement, the property service fee standard shall be determined through consultation between the construction unit and the selected property management enterprise, and agreed in the preliminary property service contract.

After the establishment of the owners' congress, the standard of property service fees shall be determined through consultation between the owners' congress and the property management enterprises and agreed in the contract.

Twelfth residential property services to implement the management of grading fees, grading fees include property service level standards and property service level standards. The property service level standard shall be formulated by the property management administrative department in conjunction with the price department, and the property service level charging standard shall be formulated by the price department in conjunction with the property management administrative department.

Shinan District, Shibei District, sifang district, Licang District and Laoshan District's residential property service classification charging standards shall be formulated by the municipal price department jointly with the municipal property management administrative department according to the different service contents and service requirements of residential property, and announced to the public regularly; The classification charging standards for residential property services in Huangdao District, Chengyang District and county-level cities shall be formulated by the district and municipal price departments in conjunction with the property management administrative departments at the same level within the scope of not exceeding the classification charging standards for residential property services in the above five districts, combined with local actual conditions, and shall be announced to the public on a regular basis.

Article 13 According to the different service contents, the property service items in the Residential Property Service Classification Charge Standard are divided into five items: comprehensive management service, public * * * area cleaning and sanitation service, public * * * area order maintenance service, public * * * area greening maintenance service and daily operation maintenance service of facilities and equipment. Each project is divided into different grades according to different service requirements and facilities and equipment configuration, and the highest grade is 1 grade.

The charging standard corresponding to each service level is the benchmark price, and within the floating range of no more than 15%, the specific floating range is determined by the owners' meeting and the property management enterprise through consultation.

Property service charge standard (lump sum fee) is the sum of the charge standards corresponding to the service level of the selected property service.

Article 14 If the residential property service charges are guided by the government, and the property is located in Shinan District, Shibei District, sifang district, Licang District and Laoshan District, the property service charges shall be reported to the municipal price department in conjunction with the municipal property management administrative department for approval; If the property is located in Huangdao District, Chengyang District and county-level cities, the property service charges shall be reported to the local district and municipal price departments, which shall be approved by the district and municipal price departments in conjunction with the property management administrative departments at the same level.

Article 15 Before the establishment of the owners' meeting, if the construction unit selects a property management enterprise through bidding, the construction unit shall select the service items and service levels according to the property characteristics and service requirements, and draw up the charging standards in accordance with the provisions of these Measures. Before the tender announcement is issued, the drawn-up charging standards shall be reported to the competent price department, which shall jointly with the competent property management administrative department for approval, and the specific charging standards shall be generated through bidding within the scope of not exceeding the approved charging standards.

Where the construction unit employs a property management enterprise by agreement, the construction unit and the selected property management enterprise shall select the service items and service levels according to the property characteristics and service requirements, and draw up the charging standards in accordance with the provisions of these Measures, and report them to the competent price department before handling the pre-sale permit of commercial housing, which shall be approved by the competent price department jointly with the competent property management administrative department. Among them, the selected level of comprehensive management service project shall not be higher than the selected level of public * * * regional cleaning and sanitation service project, nor shall it be higher than the selected level of public * * * regional order maintenance project.

Sixteenth after the establishment of the owners' congress, the residential property service charges that are guided by the government shall be determined by the owners' congress and the property management enterprises according to the property characteristics and service requirements and in accordance with the principles stipulated in these Measures. If both parties reach an agreement through consultation, it shall be reported to the district and municipal price authorities where the property is located for the record; When the two sides disagree, if necessary, the district and municipal price departments where the property project is located shall participate in coordination with the property management administrative departments at the same level; If the final negotiation fails, the owners' meeting may re-employ the property management enterprise or manage the property by itself.

Seventeenth residential property owners after the establishment of the general assembly, property management companies in accordance with the requirements of the general assembly to provide services and facilities not involved in these measures, through consultation between the two sides, can be appropriately raised fees. The specific charging standard is determined by the owners' meeting and the property management enterprise through consultation according to the service cost. After consultation, the charging standard shall be reported to the local and municipal price departments where the property project is located for the record.

Article 18 When the construction unit declares the residential property service charge standard to the competent price department before bidding, it shall provide a copy of the following information and affix the official seal of the declaring unit:

(a) the construction project planning permit and the general plan of the residential area approved by the planning department;

(two) a written proposal to apply for property services and service level standards;

(3) Cost calculation data;

(4) Other materials that need to be submitted.

The construction unit selects and hires property management enterprises and property management enterprises through agreement.

When reporting the residential property service charge standard to the competent price department, in addition to the materials in Items (1) to (4) of the first paragraph of this article, it shall also provide the preliminary property service plan, a copy of the industrial and commercial business license and a copy of the qualification certificate of the property management enterprise and affix the official seal of the reporting unit.

Nineteenth property service fees shall be calculated according to the construction area specified in the property ownership certificate. If the house ownership certificate is not obtained, it shall be calculated according to the construction area agreed in the house purchase contract.

The residential property area has been approved by the planning, real estate and other administrative departments to change the original design purpose of the property. Before the establishment of the owners' congress, the owners shall sign a property service contract with the property management enterprise and stipulate the property service fee in the contract; After the establishment of the owners' congress, the property service fee shall be determined through consultation between the owners' congress and the property management enterprise.

Due to planning reasons, the property (including attic, basement, etc. ) unable to apply for proof of property rights, before the establishment of the owners' meeting, if the property service fee is stipulated in the contract, it shall be implemented in accordance with the contract; If there is no contract, no fee shall be charged; After the establishment of the owners' congress, the property service fee shall be determined through consultation between the owners' congress and the property management enterprise.

Twentieth equipped with central air conditioning, elevators and secondary water supply facilities and equipment, the operating costs should be paid by the owners or property users, property management companies charge escrow. Operating expenses mainly include equipment maintenance expenses, direct material consumption expenses and other related inspection expenses. The property management enterprise shall establish separate accounts for special purposes, and regularly publish revenue and expenditure accounts in accordance with the requirements of the owners' meeting.

Twenty-first residential property management area supporting the construction of the parking lot (garage), the parking service charges to implement government guidance.

If a parking lot (garage) is built in the residential property management area within the administrative areas of Shinan District, Shibei District, sifang district, Licang District and Laoshan District of this Municipality, the parking service charging standard is the guiding standard for parking service charging in residential quarters, which is the highest standard. Huangdao District, Chengyang District and county-level cities shall, on the basis of not higher than the above-mentioned five-district parking service charging guidelines, formulate parking service charging standards for residential quarters in each district (city).

Article 22 The parking lot (garage) mentioned in the preceding article, before the establishment of the owners' congress, shall be determined by the construction unit and the property management enterprise through consultation within the scope of the guiding standards for parking service charges in residential quarters, and shall be agreed in the preliminary property service contract. If there is no agreement in the contract, no fee shall be charged; After the establishment of the owners' congress, the parking service charging standard shall be determined by the parking lot (garage) property owner or user and the property management enterprise through consultation within the guiding standard of parking service charging in residential quarters, and shall be agreed in the contract with the consent of the owners' congress.

Twenty-third owners in the property management area have the ownership or right to use the parking space. Before the establishment of the owners' meeting, the management service fee of the parking space shall be implemented in accordance with the contract, and no fee shall be charged without the contract; After the establishment of the owners' congress, the management service fee of its parking space shall be determined through consultation between the owners' congress and the property management enterprise.

Use temporary parking spaces set in roads, public venues and other parts of the property management area. Before the establishment of the owners' meeting, parking service shall not be charged; After the establishment of the owners' congress, the owners' congress will decide whether to charge or not, and formulate and adjust the charging standard.

Twenty-fourth parking responsibility in accordance with the relevant provisions of the state, province and city.

Article 25 For newly-built residential property, if the decoration garbage generated by the owner's decoration of the house is entrusted to the property management company for removal, before the establishment of the owners' meeting, the charging standard can be charged according to the building area or weight. According to the housing construction area, no more than 2.00 yuan per square meter; According to the weight, not more than 4 yuan per 50kg. The specific charging method shall be determined through consultation between the property management enterprise and the owner, and a written agreement shall be signed. If no agreement is signed, no fees shall be charged.

The property management enterprise shall manage the pass of the decoration personnel, and the pass fee shall not exceed 1 yuan per pass.

After the establishment of the owners' congress, the above two charging standards shall be determined through consultation between the owners' congress and the property management enterprise and agreed in the contract.

Twenty-sixth property service charges should be clearly marked, including the name of the property management enterprise, the charging object, service content, service standard, charging method, charging start time, charging items, charging standard, price management form, charging basis, price reporting telephone number, etc. The format and style shall be supervised by the price supervision and inspection department.

Twenty-seventh prophase realty service contract from the date of entry into force to the date of delivery of the house for sale, and the realty service fee incurred in that month shall be borne by the construction unit.

The property service fee from the month following the delivery date of the house for sale to the month following the termination of the preliminary property service contract shall be borne by the property buyer according to the standard of the preliminary property service fee stipulated in the property sales contract; Property sales contract is not agreed, shall be borne by the construction unit.

When the property right is transferred, the property service fees incurred on or before the day of the transfer of the property right shall be borne by the transferor of the property right; The property service fee generated from the next month after the date of transfer of property rights shall be borne by the transferee of property rights. Unless otherwise agreed by both parties, the agreement of both parties shall prevail.

Twenty-eighth property management area, water supply, power supply, gas supply, heating, communications, sanitation, cable television and other units shall charge the relevant fees to the end users. If the property management enterprise accepts the entrustment to collect the above fees, it may charge the entrusting unit a handling fee, and may not charge the owners any additional fees such as handling fees.

Twenty-ninth property management companies shall not charge the owners and non-owners for occupancy reserve, mortgage or deposit in any name (except as otherwise provided by the state and the province).

Thirtieth municipal price departments shall implement a price monitoring system for property service charges, and property management enterprises shall regularly publish the standards for property service charges according to the requirements of the price departments.

Thirty-first city price departments should implement the supervision and examination system of residential property service costs. When conducting a cost investigation, the property management enterprise shall truthfully report the situation to the price department and provide necessary account books, cost data, documents and other materials.

Thirty-second the provisions of the property service fee calculation, using the form of contract settlement.

Article 33 These Measures shall come into force on March 1 2007.