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New regulations on property fees for vacant houses 2022

Legal analysis

Charge standard of vacant real estate property fee: (1) The charge method of delivered vacant real estate property fee shall be borne by the buyer after delivery, and the owner's property fee shall be calculated from the delivery date and charged in full after occupancy. For vacant properties that have not been occupied for a long time (for more than six months in a row) after the owner moves in, and vacant properties that have not been used for a long time after moving in, the owner shall file a written record with the property management company, pay the vacant property management fee at 70% of the stipulated or agreed service fee standard, or collect the property fee according to the provisions of the relevant departments of provinces, cities and counties on the reduction and exemption of vacant houses. (2) How to collect property fees for undelivered houses? According to the relevant laws and regulations of the state, the property service fee of the completed property that has not been sold or handed over to the buyers shall be paid by the construction unit. (three) the standard property service charges for vacant houses should be based on the nature and characteristics of different properties, and the government-guided prices and market-regulated prices should be implemented respectively.

legal ground

Article 937 of the Civil Code of People's Republic of China (PRC) is a property service contract in which the property service provider provides the owners with property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owners pay the property fees. Property service providers include property service enterprises and other managers. "Property Management Regulations" Article 41 The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement. Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.