Job Recruitment Website - Property management company - Do I have to pay the property fee if I don't move in after handing over the house? New regulations on property fees for vacant houses 202 1.
Do I have to pay the property fee if I don't move in after handing over the house? New regulations on property fees for vacant houses 202 1.
Do I have to pay the property fee if I don't move in after handing over the house?
Vacant houses have to pay property service fees.
First of all, we need to understand the definition of "property management". According to the "Regulations on Property Management", it refers to the activities that the owner hires a property service enterprise, and the owner and the property service enterprise repair, maintain and manage the house, supporting facilities, equipment and related sites in accordance with the provisions of the property service contract, so as to maintain the environmental sanitation and order in the property management area. Therefore, what the property management company provides is the public service of the community.
Moreover, according to the provisions of the Civil Code, the owners have rights and obligations to the parts of the building except the proprietary parts; Never give up your rights or fulfill your obligations. According to this regulation, the owner is not only the right subject with part of the management right in the community, but also the obligation subject, and cannot give up the obligation.
Furthermore, the Measures for the Supervision and Examination of Pricing Costs of Property Services stipulates in principle that if a property service enterprise only engages in property services, the expenses incurred shall be weighted and apportioned according to the charging area of property services or the property service fees receivable by the property projects under its jurisdiction. According to this regulation, the property service cost of the community is shared by the area of the exclusive part of all owners of the community.
The property management company manages the public facilities in the residential area, and its management service costs are borne by all owners, and no owner can give up. Although some houses are uninhabited, the public facilities in the community still need maintenance, lighting and sanitation. The service content and quality will not be reduced because of the vacant houses of individual owners, and the service cost will not be reduced because of the vacant houses.
Therefore, vacant houses have to pay property service fees. By the same token, owners who own parking spaces should bear the operation and maintenance costs of facilities and equipment in the garage even if they don't stop.
New provisions on the charging standard of vacant house property fee 202 1
(a) the way to collect property fees for the delivered vacant houses.
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.
(two) the way to collect the property fee of the undelivered house.
Article 42 of China's "Property Management Regulations" stipulates: "The property that has been built but has not been sold or handed over to the property buyer shall be paid by the construction unit." Article 21 also stipulates: "Before the owners and the owners' general assembly select the realty service enterprise, the construction unit shall sign a written preliminary realty service contract. "According to the above-mentioned laws and regulations, the charging time of the property service fee undertaken by the development and construction unit shall be subject to the charging time stipulated in the contract signed with the property service enterprise.
(three) the standard of property fees for vacant houses
Property service charges should distinguish the nature and characteristics of different properties, and implement government-guided prices and market-regulated prices respectively. The specific pricing form shall be determined by the price departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the real estate administrative departments.
If the property service charges are subject to government-guided prices, the competent price department of the people's government with pricing power shall, jointly with the real estate administrative department, formulate the corresponding benchmark price and its floating range according to factors such as the standard of property management service level, and publish it regularly. The specific charging standard is agreed by the owner and the property management enterprise in the property service contract according to the specified benchmark price and floating range.
To sum up, the property fee is paid by the owner. Even if you don't move in in in time, you have to pay this fee, but generally it will not be paid in full, but 70% of the total. So when dealing with it, we must make an agreement with the property company and make it clear in the property service contract, so as to protect our rights and interests.
Do I have to pay the property fee if I don't move in after handing over the house? The above is our new regulation 202 1. Can be used as a reference. Different regions have different regulations on property fees, and the documents of local property companies shall prevail. For more knowledge about property fees, you can continue to pay attention here.
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