Do I have to pay the property fee if I don't accept the house?

Without repossession, owners usually have to pay property fees.

First, the nature and use of property fees

Property fee is the service fee agreed between the owner and the property service enterprise, which is mainly used for public facilities maintenance, environmental sanitation, greening maintenance and safety management. These services are continuous and have nothing to do with whether the owner repossesses the building.

Second, the relationship between repossession and property fees.

House redemption refers to the process that the owner formally accepts the house and goes through the relevant formalities according to the agreement in the house purchase contract. Although repossession is an important part of the owner's exercise of housing ownership, it does not mean that the owner can be exempted from the obligation to pay property fees before this. Because the property service enterprise has started to provide relevant property services before the owner takes over the house, the owner should pay the corresponding fees as agreed.

Third, the handling of property fees under special circumstances.

Of course, there are some special circumstances. For example, it is clearly stipulated in the purchase contract that the property fee shall be borne by the developer before the house is closed, or the property service enterprise seriously breaches the contract, resulting in the owner being unable to enjoy the normal property service. In these cases, the owner can negotiate with the property service enterprise or developer to solve the property fee problem according to the contract or legal provisions.

Fourth, protect the rights and interests of owners.

For the owner, it is necessary to understand and abide by the stipulations of the property service contract and pay the property fee on time. At the same time, we should also pay attention to the service quality of property service enterprises, reflect problems in time and safeguard their legitimate rights and interests. If the realty service enterprise breaches the contract or the service quality is not up to standard, the owners can defend their rights through legal channels.

To sum up:

Without repossession, owners usually have to pay property fees. Property fee is the service fee agreed between the owner and the property service enterprise, which is used to maintain the public facilities and environmental sanitation of the community. Although repossession is an important link for the owner to exercise the ownership of the house, before that, the owner has enjoyed the services of the property service enterprise and should pay the property fee on time. Of course, under special circumstances, the owner can negotiate with the property service enterprise or developer to solve the property fee problem according to the contract or legal provisions.

Legal basis:

property management regulations

Article 4 1 stipulates that:

The owner shall pay the property service fee in accordance with the provisions of the property service contract. If the owner and the user of the property agree that the user of the property shall pay the property service fee, the owner shall bear joint and several liability from the agreement.

Property that has been completed but has not been sold or handed over to the property buyer shall be paid by the construction unit.

People's Republic of China (PRC) Civil Code

Article 944 stipulates:

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.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable period of time; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service provider shall not stop power supply, water supply, heat supply and gas supply to demand payment of property fees.