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Is the property garbage disposal fee legal?

Legal analysis

The garbage disposal fee charged by the community is collected by the competent sanitation department, which belongs to the service fee and is legal.

Property collection of garbage disposal fees requires the sanitation department to issue a power of attorney to the property management company in the community. If the citizens find that the property management company charges without the power of attorney from the sanitation department, they can refuse to pay the fee. There are also residents and units that have paid the garbage disposal fee according to the regulations, and the sanitation department, street offices and communities are not allowed to charge them any other fees related to garbage disposal.

legal ground

People's Republic of China (PRC) Civil Code

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee.

Property service providers include property service enterprises and other managers.

Article 938 The contents of a realty service contract generally include service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service places, service term, service handover and other terms.

The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract.

The realty service contract shall be in written form.