Vacant housing property fee charging standard 202 1 New regulation 202 1 Civil Code property fee reduction policy

Since 202 1, all property fees have been paid in accordance with the new provisions of the Civil Code. With the rise of housing prices, the charging standard of property fees is also rising. In particular, the owners of vacant houses think that the house is unoccupied and can pay less property fees. The housing vacancy rate in China is around 22%. What are the new regulations on the charging standard of vacant house property fees? 202 1 civil code property fee reduction policy, let's learn about it.

New provisions on the charging standard of vacant house property fee 202 1

According to the provisions of Article 282 of the Civil Law, the profits generated by the construction unit, property service enterprise or other managers from the use of some owners * * shall be owned by the owners after deducting reasonable expenses.

According to Article 943 of the General Principles of Civil Law, the property service provider shall regularly disclose the service items, responsible personnel, quality requirements, charging items, charging standards, performance, use of maintenance funds, part of the owners' operation and income in a reasonable way, and report to the owners' meeting and owners' committee.

According to Article 944 of the Civil Law, the owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

In other words, the property management company must disclose the charging standards and expenditure details, and report to the owners in time, and the income obtained by the property management company from the use of community resources must also be shared with the owners. If the property management company fails to fulfill the promised service requirements, the owner also has the right to refuse to pay the property fee. Of course, in the case that the property management company has not violated any regulations and the community decides to hire a property management company, individual owners have no right to refuse to pay property fees.

1. Property fees incurred during overdue delivery due to the developer's reasons.

Some developers did not finish the project before the specified time, which led to the delay of the construction period. The owners did not move in at this time, so they did not have to pay the property fee. Some property companies will charge property fees from owners on the grounds that the delivery time of houses has arrived. At this point, the owner has the right to refuse to pay. At this time, the responsibility lies in the developer delaying the construction period, and the owner does not need to pay the property fee.

2. If the supporting facilities are not up to standard, the preliminary property fee may be reduced or exempted.

When buying a house, in order to sell the house, the renderings made by the developer will reflect the residential environment very beautifully: greening, roads in the residential area, complete public facilities, such as public gymnasiums and so on. However, when it is often delivered, the environment is not as beautiful as the renderings, which makes the owners very disappointed.

Therefore, when signing a contract with the developer's property company, we should pay attention to the description of supporting facilities in the contract. If the owner finds that the facilities are not as stated in the contract when he moves in, such as insufficient green area and worrying elevator quality, he can ask for the reduction or exemption of the property fee, or even ask for the return of the relevant property fee paid before until the supporting facilities are complete.

3. Property fees not stipulated in the contract.

The charging terms stipulated in the contract are also very important, so we should pay attention to various fees stipulated in the contract, such as garbage disposal fees, safety insurance fees and so on. If there are fees that are not specified in the contract when collecting property fees later, you must pay attention. Property fees that belong to the property management company and are not written into the contract and have no legal basis do not need to be paid by the owners.

202 1 Civil Code Property Fee Reduction Policy

1. If the owner is not satisfied with the property service, he may have the right to replace it.

It is clearly stipulated in the Civil Code that if more than half of the owners vote at the owners' meeting, they can decide on the replacement and hiring of the property. However, if the attendance is less than two-thirds, more than half of the votes will show that the resolution is invalid.

This also means that the properties that cause a lot of complaints from owners will be replaced, which also restricts the situation of those properties that are free of charge.

Second, the owner has the right to obtain the income and management right of the public area of the community.

According to the Property Management Regulations issued by Beijing, Shandong and Shenzhen this year, the business use and income rights of some public areas in the community belong to all owners, and the business activities of public areas need to be approved by the owners' meeting, and the use of income is decided by the owners.

If the property puts forward some false charges, the owners can refuse according to the behavior of charging, and the owners can agree to set up an owners' committee, re-establish the charging standards and quotas of property management, and then report to the price bureau to avoid the phenomenon of unreasonable charging of property.

Through the release of various new regulations, the rights between the owners and the property have been more clearly defined, and the disputes between them have also been resolved. With the continuous improvement of the new regulations, owners will also have more good news to safeguard their rights and interests.

What will happen if you don't pay the property fee?

1, violating the property contract

Everyone needs to go through the formalities of house handover when collecting the house, including the formalities of property handover. The owner selects a property management company, and the owner and the property management company maintain the community according to the property business contract. Accordingly, the owner needs to pay the property fee to the property company. If the property company does not violate the contract, it must pay the property fee according to the contract, so in this case, if the buyer does not pay the property fee, it is considered that the owner has violated the property contract.

2, generate late fees

After the owner refuses to pay the property fee, the general property company will take the initiative to contact the owner not to pay the property fee, but if the owner still refuses to pay the property fee, there will be a late fee. Late payment fees may be a relatively small problem. Some cities will refuse to pay property fees into the scope of personal credit evaluation. Once there is a problem with personal credit, it will have a great impact on the current credit life.

The above is the relevant content of "New Regulation on Property Fees of Vacant Property 202 1" compiled by Bian Xiao.