Full text of Jiangsu Province's measures for the administration of property service charges

City and County Price Bureaus, Housing and Urban-Rural Development Bureau (Real Estate Bureau):

In order to promote the healthy and orderly development of the property service industry in our province, further standardize the behavior of property service charges, and safeguard the legitimate rights and interests of owners and property service enterprises, we have revised, supplemented and improved the original "Measures for the Administration of Property Service Charges in Jiangsu Province" on the basis of full investigation and extensive consultation, according to the national and provincial laws and regulations and relevant provisions, which are hereby printed and distributed to you, please implement them carefully.

20 10 year 1 month 4th

Article 1 In order to promote the healthy development of the property service industry in our province, standardize the charging behavior of property services, and safeguard the legitimate rights and interests of owners and property service enterprises, these Measures are formulated in accordance with the General Principles of the Civil Law, the Property Law, the Property Management Regulations and other laws, regulations and relevant provisions.

Article 2 These Measures shall apply to property service enterprises that meet the requirements of national property management qualification within the administrative area of our province, and manage and provide services for all kinds of properties and charge fees.

Article 3 The term "property service fee" as mentioned in these Measures refers to the fees charged by property service enterprises to the owners or property users for the maintenance, conservation and management of houses, supporting facilities and related sites, and for maintaining the environmental sanitation and order in relevant areas.

Article 4 The government advocates and guides the selection of property service enterprises through an open, fair and just market competition mechanism; Encourage property service enterprises to carry out legitimate price competition, prohibit price fraud, and promote the formation of property service charges through market competition.

Fifth provincial price departments in conjunction with the provincial property management administrative departments responsible for the supervision and management of the province's property service charges, responsible for formulating policies and principles of property service charges, supervision and inspection and standardize the behavior of property service charges.

City, county (city) people's government department in charge of prices in conjunction with the administrative department of property management at the same level is responsible for the formulation, implementation, supervision and management of property service charging policies within their respective administrative areas.

Article 6 Property service charges shall follow the principles of openness and reasonableness, and the charging items and standards shall be adapted to the content and quality of services, and shall be determined according to the cost of property services, statutory taxes and fees and reasonable profits.

Seventh property service charges, according to the nature and characteristics of the property and other different situations, respectively, the implementation of government guidance price and market adjustment price.

Ordinary residential property public service charges, the implementation of government guidance.

Public service charges for non-ordinary houses, office buildings, factories, business premises and other properties shall be subject to market-adjusted prices in order to meet the needs of some owners and users or accept the special services entrusted by them and the service fees charged on their behalf. The policy definition of non-ordinary housing is formulated by all localities.

Article 8 The municipal and county price departments shall, jointly with the administrative departments of property management, formulate corresponding public service levels and benchmark prices of itemized charges and their floating ranges according to factors such as the hardware facilities, environment, content of property management services, service quality and service cost, and make timely adjustments and publish them annually. Temporary unconditional expression

If the benchmark price of service is sub-benchmark price, the benchmark price of grade charge can be set and gradually transferred to sub-benchmark price.

Article 9 Before the owners and the owners' congress select and employ the realty service enterprise, when the residential property development and construction unit selects and employs the realty service enterprise's realty service fee through bidding competition, it shall sign a written prophase realty service contract and file it with the competent price department.

In the early stage of property management, the residential property development and construction unit shall employ the property service fee of the property service enterprise by agreement, which shall be approved by the competent price department.

The owners' meeting has not yet been established, and the charging standard of public service fee for residential property needs to be adjusted due to factors such as cost changes. The realty service enterprise shall adopt an open way, consult the opinions of the owners, and implement it after being approved by the local price department.

The administrative department of property management shall, jointly with the price department, strengthen the supervision and management of bidding price behavior and contract performance.

Article 10 After the establishment of the owners' congress, the charging standard for ordinary residential property services can be agreed by the owners' committee and the property service enterprise in the property service contract within the scope of the government-guided price announced by the local price department.

Eleventh the implementation of market-regulated property service charges, before the establishment of the owners' meeting, by the development and construction units or property services companies and property buyers in the property service contract agreed to implement; After the establishment of the owners' congress, the owners' committee shall, with the consent of the owners' congress, agree with the realty service enterprise in the realty service contract.

The administrative departments of price and property management at all levels shall strengthen the guidance and standardization of the behavior of property service charges with market-regulated prices, and promote the reasonable agreement of the parties concerned on charges and related matters.

Twelfth property service charges can be agreed in the form of contract system or gratuity system.

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

The contract gratuity system refers to the method of paying the contract gratuity to the realty service enterprise in advance according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner.

Article 13 The property public service fee consists of personnel fee, daily operation maintenance fee, greening maintenance fee, cleaning and sanitation fee, order maintenance fee, property use facilities and equipment fee, public liability insurance fee, office fee, management fee sharing, depreciation of fixed assets, other fees recognized by the owners, reasonable profits and statutory taxes.

Article 14 If the operating electricity charges of elevators, pumps, central air conditioners and other equipment of the property, as well as public lighting, public water and other expenses are included in the withholding fees, the property service enterprise shall establish separate accounts and share them reasonably and openly, and the specific sharing method shall be determined through consultation between the owners' committee and the property service enterprise; If the owners' meeting has not yet been established, the realty service enterprise shall reasonably share the actual expenses with the owners and agree on the way.

Fifteenth property service fees are calculated according to the construction area recorded in the housing register; If it has not been registered, it shall be temporarily calculated according to the construction area recorded in the house sales contract. The realty service enterprise may prepay in installments according to the realty service agreement or the sale (lease) contract, and the prepayment time shall generally not exceed half a year. Where there are other provisions in the contract, such provisions shall prevail.

The owners and users shall take the delivery time of the house as the starting time for paying the property service fee based on the Notice of Occupancy (meeting the completion acceptance conditions).

Sixteenth included in the scope of property management services have been completed but not yet sold, or due to the reasons of the development and construction units, property service fees paid by the development and construction units.

For the property developed and built in stages and delivered in batches, the property service fee during this period shall be paid by the owner in accordance with the agreement in the property service contract.

For the property that has not been checked in in time due to the owner's reasons, and the property that has not been checked in or used by the owner after the check-in formalities, the property service fee during the period shall not be less than 70% of the standard agreed in the contract. Specific can be determined by the local price department in conjunction with the administrative department of real estate management.

If the property is leased or given to others for use in other ways, the property service fee shall be paid by the owner or user, but the ultimate responsibility shall be borne by the owner.

Seventeenth residential elevator operation and maintenance fees within the property management area, secondary water supply operation and maintenance fees, central heating operation and maintenance fees, etc. , all localities can formulate corresponding measures for the management of fees according to local actual conditions.

Property services companies charge for residential interior decoration services, and all localities can formulate unified decoration service charging standards or corresponding service items according to local actual conditions.

Article 18 The parking fees of public * * * or * * * owned or * * * parking lots (garages) within the property management area shall be charged according to the property type, exclusive rights and interests, management service cost and other factors. Among them, the exclusive parking space (garage) shall pay the parking service fee; For leasing, if the lessor and the lessee agree that the lessee shall pay the parking service fee, the lessor shall bear joint and several liabilities from their agreement.

Car parking service fees shall be charged by the realty service enterprise according to the realty service contract. Parking service fees can be charged according to the number of parking spaces (garages) or the registered property area.

The specific charging standard shall be determined by the local price department in conjunction with the property management administrative department.

Before the establishment of the owners' congress, if the car is parked on the roads or other venues owned by the owners, after deducting the operating costs of the property service enterprises, 30% of the proceeds will be used to subsidize the property service fees, and 70% will be included in the special maintenance funds for the houses. After the establishment of the owners' congress, it can refer to the standards stipulated by the competent price department, and the proceeds will be used in accordance with the decisions of the owners' congress and the contract.

Nineteenth property management and service areas, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users. Where the realty service enterprise accepts the entrustment to collect the above fees, both parties shall sign a paid agency contract, and the realty service enterprise shall collect the handling fee from the entrusting unit.

Article 20 The competent price departments at all levels shall, when formulating or adjusting the overall level of public service charges for ordinary residential properties within their respective administrative areas, calculate the average social cost of public service for properties, and fully listen to the opinions of owners, users, property service enterprises and other sectors of society.

Twenty-first property service enterprises shall not charge the owners and users for more than one year's deposit, security deposit and other fees without authorization.

Article 22 Where a realty service enterprise subcontracts some professional services to other enterprises, it shall not lower the service quality, reduce the service content or raise the charging standard.

Twenty-third property service charges should be clearly marked, and the service content, charging items, standards and charging methods should be announced in a prominent position in the business premises or service locations. Every six months (or fiscal year) to the owners, users, price departments and property management administrative departments to announce the income and expenditure of property service fees, owners' use of facilities, owners' operating facilities, and accept the supervision of the owners' committee.

Twenty-fourth property service enterprises should improve the internal financial management system, strengthen the cost, revenue and expenditure constraints. If the same property service enterprise serves multiple property management areas at the same time, the service cost and revenue and expenditure shall be accounted for separately according to the property management areas.

The implementation of the contract system of property service fees, property service enterprises to deal with the implementation of management and service of specific property areas to implement a separate account, in accordance with the provisions of the service contract announced financial revenue and expenditure, accept supervision.

Where the property service fee system is implemented, the property service enterprise shall announce the income and expenditure of the property service fee to the owners' assembly or all owners. The realty service enterprise or the owners' assembly may, in accordance with the realty service contract, hire a professional institution to audit the annual budget, final accounts and income and expenditure of the realty service fee, and the commitment of the audit fee shall be stipulated in the realty service contract.

Twenty-fifth owners should pay the property service fee in accordance with the provisions of the property service contract. If the owner violates the property service contract and fails to pay the service fee within the time limit, the owners' committee shall urge him to pay it within a time limit; Fails to pay, the realty service enterprise can recover according to law.

When the property right or the right to use the property is transferred, the owner or the property user shall settle the property service fee in time before the transfer of the property right or the right to use the property.

Twenty-sixth levels of government price departments and property management administrative departments, should strengthen the supervision of the service content, service quality and charging items and standards of property service enterprises. Property services companies that violate price laws, regulations and rules shall be punished by the competent price department according to the Price Law of People's Republic of China (PRC) and the Provisions on Administrative Penalties for Price Violations.

Twenty-seventh localities can formulate specific implementation measures according to these measures.

Twenty-eighth approach by the Jiangsu Provincial Price Bureau in conjunction with the Jiangsu Provincial Department of housing and urban-rural development is responsible for the interpretation of.

Article 29 These Measures shall be implemented as of April 20 10/0, and the document Su Jiafu [2004] No.383 shall be abolished at the same time.