Do you have to pay the property fee for the hollow house in Pakistan?

As long as you live in a house, whether you buy it yourself or rent it, you have to pay the property fee. Property fees are

Do you have to pay the property fee for the hollow house in Pakistan?

As long as you live in a house, whether you buy it yourself or rent it, you have to pay the property fee. Property fees are like taxes. Developers want to "do you have to pay property fees if you don't live in a house?" It is estimated that many people have encountered this problem.

Real estate jun thinks that many people think that property fees are service charges, and they don't enjoy services if they don't live. Why do they have to pay?

Recently, the owner of a residential area in Bazhong has also encountered similar problems. Owners hope not to pay or pay at a discount, while the property management company wants to charge 100% on the grounds that it is unfair to the old owners if they give a discount to the vacant owners.

In order to thoroughly understand this problem, Real Estate Jun made up relevant knowledge yesterday, and finally found that this problem has always existed, but sometimes the discussion is fierce and sometimes there is no sound.

The reason is closely related to the rise and fall of house prices. When the house price rises, the money earned by a year's price increase is enough for many owners to ignore the property fees of vacant houses. When the house price falls, the owners will think that the house will not make money, but will increase the expenses of "raising the house", so they are reluctant.

A real estate gentleman recently encountered such a thing. A friend named Gong came to ask me that a residential area in Bazhong has not been renovated since it closed at the end of 20 17. From the beginning of the house, the property company urged him to pay the property fee in full from time to time.

Specifically, the property fee 1.7 yuan/㎡ month, including houses, garages and storage rooms, is almost in 200 yuan every month, and it is nearly 3,000 yuan a year.

What Mr. Wang Can doesn't understand is that I haven't lived in a house, so I won't produce domestic garbage, and the property is left unattended. Why do I have to pay this fee every month?

In response to this question, Real Estate Jun specially consulted a staff member of the Housing Authority, and the answer was to pay. It is based on the Property Law of People's Republic of China (PRC) which came into effect on June 10, 2007. Article 72 of the law clearly stipulates that the owner shall not fail to perform his obligations on the grounds of giving up his rights.

A staff member of the Housing Authority said that the property law stipulates that the owner shall not fail to perform his obligations on the grounds that he does not enjoy rights. Except the proprietary part, part of the expenses and benefits shall be borne by the owner. The work done by the property is the repair and maintenance of public parts and public equipment. Whether or not to move in will not affect the property's work in this regard.

The source also said that there is a principle in the legislation that the lower-level law cannot conflict with the higher-level law, and the local regulations cannot conflict with the national laws. The conflicting provisions naturally become invalid and will not be implemented.

So the final result is that Mr. Gong has to pay the property fee in full.

According to Article 6 of the Notice on Standardizing the Management of Commercial Housing Pre-sale and Affordable Housing Property Service Charges in Bazhong City jointly issued by Bazhou District Price Bureau and Bazhou District Real Estate Management Bureau of Bazhong City in 2005, the owners and property users should pay the property service fees in full and on time in accordance with the property service contract. If the owner and the user of the property violate the property service contract and fail to pay the property service fee within the time limit, the property service institution shall make a written reminder. If the property service fee has not been paid after a written reminder, the property service agency may recover it according to law. The owner and the user of the property agree that the user of the property shall pay the property service fee, and from this agreement, the owner shall bear joint and several liabilities.

At present, the basic operation of the industry is first in accordance with the regulations, followed by the principle of "how to implement the contract". If the developer promised to give the owner a discount in the previous contract, the discount will prevail and the full property fee will be charged according to the contract.

Although Mr. Gong was charged the full property management fee, from the national point of view, this matter is controversial now. On the one hand, some provinces do not require owners to pay the full property fee for vacant houses; On the other hand, some experts believe that the owners of vacant houses cannot be equal to the owners who live in them, and the discount charges should be more reasonable.

For example, the Measures for the Administration of Property Service Charges in Shandong Province, which came into effect on July 1 2065438, stipulates that if an ordinary house is left vacant for more than six months after delivery, the maximum property fee charge shall not exceed 60%. Vacant houses in Nanjing, Hangzhou, Luoyang and other cities pay 70% property fees.

For another example, Article 37 of Shijiazhuang Property Management Regulations, revised on 20 10/29, stipulates that if the property is vacant, used or renovated for more than three months, it shall pay 20% of the property service fee during the vacant period. Unless otherwise agreed by both parties to the realty service contract.

For example, the Implementation Measures for the Management of Property Service Charges in Shaanxi Province, which came into effect on September, 20 14, clearly stipulates that for vacant houses that do not have occupancy conditions due to decoration or are not used for a long time after occupancy (including house decoration), the property service fee will be 70% of the charging standard agreed in the property service contract from the date of acceptance or the owner's report to the property service enterprise and confirmation by the property service enterprise.

In fact, there are concessions in Gansu Province. According to the provisions of Article 29 of the Measures for Property Management in Gansu Province, the vacant property that the construction unit has not sold and the owner has not lived in shall pay the property management fee. The payment ratio is 70% of the charging standard, but the burden of other owners shall not be increased.

Therefore, from a national perspective, not all provinces and cities will levy a full property tax on vacant houses.

The reason why some places pay in full and some places pay at a discount is because there is too much room for interpretation of the property law, and all places interpret it in a way that is beneficial to them.

Judging from the relevant provisions of China's Property Law, the owner of a house must fulfill the relevant rights and obligations of the building:

Article 72 of the Property Law stipulates that: the owner shall enjoy rights and undertake obligations for the * * part other than the exclusive part of the building; Never give up your rights or fulfill your obligations.

If you explain the meaning of this clause in a popular way, you should assume obligations in your house even if you don't exercise your rights.

Article 6 of the Judicial Interpretation of Property Law stipulates that the property service enterprise has provided services in accordance with the contract and relevant regulations, and the people's court will not support it only because the owner does not enjoy or need to accept relevant property services.

The explanation of this passage is that as long as the property service company provides services, if the owner thinks that the property has no or no services, you have to pay the property fee.

However, the state also has standards for charging property fees for vacant houses. Details are as follows:

If the property has been sold and delivered to the owner, the owner is the obligor to pay the service fee. After the property is delivered, it shall be borne by the buyer, and the owner's property fee shall be calculated from the date of delivery and collected 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.

So the problem is coming, especially the last sentence of the above provisions, which actually leaves a big back door for local government departments, that is to say, they can charge at a discount or in full.