Provisions on property fees for demolition of houses

Relocated houses, with property management, shall pay property fees in accordance with the contract and relevant laws and regulations. Property fee refers to the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, transformation and provide other services related to residents' lives in residential areas, such as houses, buildings and their equipment, public facilities, greening, sanitation, transportation, public security and environment.

Many local governments pay money directly to relocated households through monetary compensation, and relocated households buy relocated houses with monetary compensation, so there is no inevitable difference between relocated houses and commercial houses. But in fact, many people are puzzled by such a question, that is, do we have to pay property fees for the relocated houses in China?

1. Is it necessary to pay the property fee for the relocated house in China?

Relocated houses, with property management, shall pay property fees in accordance with the contract and relevant laws and regulations.

Property fee refers to the fees charged by property owners and users who entrust property management units to carry out daily maintenance, repair, transformation and provide other services related to residents' lives in residential areas, such as houses, buildings and their equipment, public facilities, greening, sanitation, transportation, public security and environment.

Article 937 of the Civil Code (in force)

Definition of property service contract A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, environmental sanitation and the management and maintenance of related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.

Two. Procedures for purchasing demolished houses

The procedures for buying a relocated house are the same as those for buying a commercial house.

1. Sign the house purchase contract with the demolition certificate and ID card to settle the house payment.

2. Pay the house payment according to the contract and get the invoice back.

3. Take the demolition permit and the purchase contract, and wait until the lobby of the real estate transaction center to go through the formalities of real estate license.

4, depending on the size of the housing area, part or all of the deed tax relief.

5. Go through the formalities of land certificate with the real estate license and deed certificate to the Bureau of Land and Resources.

Third, the difference between relocated houses and commercial houses.

The concept of relocated houses originated from demolition, which is the product of China's special demolition policy. In the process of demolition and resettlement, monetary compensation is adopted. There is no difference between relocated households buying commercial housing with compensation and ordinary people buying commercial housing. They all spend money to buy a house, and the identity of the buyers is the same. Compensate by moving back. The demolished house is not a commercial house and cannot be sold as a commercial house. There are some differences between them:

1. In terms of housing prices, there is a difference between commercial housing and demolition housing. Commercial housing can be listed immediately and can be mortgaged in the bank. However, the relocated house enjoys the preferential policies of the state, excluding land transfer fees, and the price is relatively low, so it does not enjoy the above rights of commercial housing. Demolition of the demolition of the relocation of housing compensation, compensation for housing by the relevant competent departments of the municipal government with reference to the economic applicable housing policy approved price, and in accordance with the economic applicable housing policy management.

2. The relationship between buyers and sellers of commercial houses and relocated houses is different. The basis for purchasing commercial housing is the commercial housing sales contract signed by the developer and the property buyer, which stipulates the price of the house. The purchase of resettlement houses is based on the demolition compensation agreement signed by the demolition unit and the demolished person, which is stipulated in the agreement.

In addition, the demolition is a commercial house, and the relocated house should naturally be a commercial house. Demolition is private houses on collective land, or affordable housing, and the nature of relocated houses is generally not commercial housing. You must find out the nature of buying a demolished house. Affordable housing shall not be bought or sold; For relocated houses with private houses demolished on collective land, the land occupied by relocated houses is generally allocated income, and land transfer fees are not paid. When the transfer formalities are officially completed, the land transfer fee needs to be paid.

In real life, it is very rare that the relocated house does not need to pay the property management fee, because as long as there is property management, it is necessary to pay a certain property management fee to the property company. There may be a small number of owners who have never paid any property fees for the relocated houses, which is actually related to the property rights of the relocated houses.