New policy of property fee charging standard in civil code

Article 937 of the Civil Code is a property service contract in which the property service provider provides property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order to the owners within the property service area, and the owners pay property fees.

Property service providers include property service enterprises and other managers.

The collection standards of property fees vary from place to place, and the specific collection standards of property fees are announced by the local price bureau.

property management regulations

Fortieth property service charges should follow the principles of rationality, openness and the adaptability of fees and service levels, and distinguish the nature and characteristics of different properties. Owners and property service enterprises shall, according to the measures for charging property services formulated by the competent price department of the State Council in conjunction with the competent construction administrative department of the State Council, stipulate in the property service contract.

Forty-first owners should 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.

Forty-second price departments of the people's governments at or above the county level shall, jointly with the real estate administrative departments at the same level, strengthen the supervision of property service charges.

Article 43 A realty service enterprise may, upon the entrustment of the owners, provide services beyond those stipulated in the realty service contract, and the service remuneration shall be agreed upon by both parties.

Forty-fourth property management area, water supply, power supply, gas supply, heating, communications, cable television and other units should charge the relevant fees to the end users.

Where a realty service enterprise accepts the entrustment to collect the fees mentioned in the preceding paragraph, it shall not collect additional fees such as handling fees from the owners.

Forty-fifth of the property management area in violation of public security, environmental protection, property decoration and use of laws and regulations, property service enterprises should be stopped, and timely report to the relevant administrative departments.

What will happen if the civil code property fee is not paid and sued?

According to Article 286 of the Civil Code, the owner shall abide by laws, regulations and management regulations, and the relevant 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.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.

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.

Under what circumstances can I not pay the property fee?

The State Council clearly stipulates that "paying the property service fee on time" is the basic obligation of the owners. Only under the following circumstances, the owner can not pay or underpay the property service fee:

1. Except as stipulated in the property management service contract, the property management enterprise provides services by itself. Without the approval of the owners' committee or owners' assembly, the owners or users shall not pay the fees.

2, the implementation of government guidance price of property services charges, the owners can refuse to pay more than the guidance price.

3. If the property management enterprise fails to perform the obligations stipulated in the property service contract, the owner cannot pay or underpay the corresponding property service fee.

4. Property management companies raise the charging standard of property services and raise some fees that owners cannot pay.

5. If the property service contract stipulates that the service fee shall be paid in advance, and the property management enterprise fails to provide the corresponding service, the owner may not pay the corresponding service fee.