Announcement of property garbage removal

The Measures for the Administration of Property Service Charges of the Price Bureau shall come into force on September 65438+ 2005.

Article 26 If an owner or user of a property is limited to interior decoration of his house and entrusts a property service enterprise to remove construction waste on his behalf, he shall bear the removal expenses, and the specific charging standard shall be determined by both parties through consultation.

Decoration deposit should be implemented according to the relevant national and provincial restrictions. The owner or property user shall sign an agreement with the property service enterprise on the collection standard and refund method of the decoration deposit. Property service enterprises shall not charge decoration management fees and other fees.

Standard for settlement procedure of decoration garbage freight

Different areas charge different fees for cleaning up decoration garbage, which are high and low. For example, Shanghai Nanhui New Town's renovation garbage cleaning fee is as follows:

1. Decoration garbage removal must sign a decoration garbage removal service contract, and the operation service unit should settle the removal service fee according to the number of trains in principle.

2. If the realty service enterprise is entrusted to collect the moving service fee, the realty service enterprise shall calculate flexibly according to the actual situation of the residential area, such as counting the number of trips, weight and bags (8 tons of dump trucks can accommodate about 120 bags), and encourage the implementation of "one price per household".

3, moving service charges must conform to the market conditions, and the implementation of the provisions of the price tag, in a prominent position in the community publicity fees, service content, charging standards, pricing units, as well as supervision and reporting telephone information, widely accepted social supervision.

4, residential areas should be held through hearings, community owners' meeting, etc. , discuss and adopt the charging standard of moving service suitable for the actual situation of the community.

Many properties charge decoration waste cleaning fees because construction waste can only be removed by units and entities with specific qualifications, and it can only be discharged after being approved by the municipal and environmental sanitation departments and paying a certain fee. If the owner can provide a certificate of qualified discharge of construction waste or entrust a qualified unit to clear it, he can also clear it himself to avoid paying the cleaning fee for decoration waste.

The garbage cleaning fee for new house decoration must be paid. The transportation fee of decoration garbage refers to the transportation cost of a large amount of construction garbage generated by decoration from residential storage points to places designated by the sanitation department for landfill treatment. When the new house is renovated, it is inevitable that some decoration garbage needs to be removed, so it is necessary to pay the freight.

Under normal circumstances, the garbage cleaning fee is not included in the property fee. The garbage clearing fee and garbage facility fee are collected by the sanitation department and the residential property.

The law provides that:

Article 284 of the Civil Code of People's Republic of China (PRC)

The owner of the management subject of the building and its ancillary facilities can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it.

The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

Article 285 of the Civil Code of People's Republic of China (PRC)

Relationship between the owner and the realty service enterprise or other managers: The realty service enterprise or other managers shall, upon the entrustment of the owner and in accordance with the provisions of the realty service contract in Part III of this Law, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owner, and promptly answer the owner's inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 of the Civil Code of People's Republic of China (PRC)

Owners' related obligations and responsibilities The owners shall abide by laws, regulations and management regulations, and the related behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 of the Civil Code of People's Republic of China (PRC)

Protect the legitimate rights and interests of the owners. The owners have the right to require the construction unit, the property service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.

Article 165 of the Civil Code of People's Republic of China (PRC)

Principle of fault liability If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.

If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.