Measures for the Administration of Property Service Charges in Fujian Province

Article 1 In order to regulate the charging behavior of property services in our province and safeguard the legitimate rights and interests of owners and property service enterprises, these Measures are formulated in accordance with the provisions of the Price Law of People's Republic of China (PRC), the Regulations on Property Management of the State Council and the Regulations on Property Management of Fujian Province. The Measures for the Administration of Property Service Charges and the Measures for the Supervision and Examination of Property Service Pricing Costs issued by the National Development and Reform Commission and the former Ministry of Construction are combined with the actual situation in our province.

Article 2 Within the administrative region of this province, these Measures shall apply to the charging behavior of property service enterprises with legal property management qualifications that provide property services within the property service area.

Article 3 The term "property service charges" as mentioned in these Measures refers to the fees charged by property service enterprises to the owners for the maintenance, conservation, management and service of residential and non-residential houses, supporting facilities and equipment and related sites, and for the maintenance of environmental sanitation and public order in relevant areas.

Article 4 The government encourages owners to choose property service enterprises through an open, fair and just market competition mechanism; Encourage property service enterprises to carry out legitimate price competition, prohibit price fraud and price discrimination, and promote the formation of property service charges through market competition.

Fifth property service charges should follow the principles of legality, reasonableness, openness and consistency of charging items and standards with service content and quality.

Sixth property service charges to implement a unified policy, hierarchical management. The price department of the provincial government shall, jointly with the provincial real estate administrative department, be responsible for formulating the policy of property service charges in the whole province, and guiding and coordinating the supervision and management of property service charges in the whole province. City, county, district government price departments in conjunction with the real estate administrative departments at the same level shall be responsible for the supervision and management of property service charges within their respective administrative areas.

Seventh property service charges to distinguish the nature and characteristics of different properties, respectively, the implementation of government-guided prices and market-adjusted prices.

Residential (excluding villas, low-density high-grade townhouses, the same below) pre-property service charges are subject to government guidance prices. Other property service charges are subject to market-adjusted prices.

Eighth government-guided property service charges shall be contracted out. The price departments of the municipal and county governments shall, jointly with the real estate administrative departments at the same level, formulate or adjust the standard of property service charges and the corresponding benchmark price of grade charges and its floating range according to the nature, type, hardware facilities, environment, content and quality of property services, combined with local actual conditions, and after cost supervision and examination, and announce it to the public.

The specific charging standards for new residential property services shall be agreed in the property service contract by the development and construction unit and the property service enterprise according to the published guidance price.

If the preliminary realty service contract expires but the owners' meeting is not established, and the service content and charging standard remain unchanged, the realty service enterprise shall publicize it in a prominent position in the realty management area one month before the expiration of the contract. After the expiration of the contract, the property service enterprise will still provide services not lower than the original quality. If there are no owners whose exclusive parts account for more than half of the total construction area and more than half of the total number of people (hereinafter referred to as "double and half owners"), the original service contents and charging standards can continue to be applied. If it is necessary to adjust the charging standard, it must be agreed by more than half of the owners, and the property service enterprise and the owners shall re-agree within the published guidance price.

During the performance of the contract, due to policy factors or service items, content and other reasons, the cost of property services has changed greatly, and it is necessary to adjust the charging standard. The property service enterprise shall publicize the change of the cost of property services in a prominent position in the property management area, and with the consent of more than half of the owners, the property service enterprise and the owners shall negotiate and re-agree on the specific charging standard within the published guidance price.

Article 9 If the market-regulated property service charges do not produce the owners' committee, the contract system shall be implemented, and the development and construction unit or the property service enterprise and the property buyer shall stipulate the service content and charging standard in the property service contract; If the owners' committee has been established, it may take the form of contract responsibility system or remuneration system, and the owners' committee shall, on behalf of the owners, agree on the service contents and charging standards with the realty service enterprise in the realty service contract.

Tenth contract responsibility system refers to the way in which the owners pay a fixed property service fee to the property service enterprises, and the property service enterprises enjoy or bear the profits or losses.

The gratuity system refers to the way that the realty service enterprise withdraws the gratuity from the prepaid realty service funds according to the agreed proportion or amount, and the rest is used for the expenses agreed in the realty service contract, and the balance or deficiency is enjoyed or borne by the owner.

Eleventh the implementation of the contract system of property service fees, the composition of property service fees includes property service costs, statutory taxes and fees and reasonable profits of property service enterprises.

According to the notice of the National Development and Reform Commission and the former Ministry of Construction on printing and distributing the Measures for the Supervision and Examination of the Pricing Cost of Property Services (Trial), the cost of property services consists of personnel expenses, daily operation and maintenance expenses of facilities and equipment used in the property, greening maintenance expenses, cleaning and sanitation expenses, order maintenance expenses, facilities and equipment used in the property, public liability insurance expenses and office expenses.

The implementation of the property service fee reward system, the property service funds received in advance include property service expenditure and property service enterprise remuneration.

Twelfth before the sale of new property, the development and construction unit shall hire a property service enterprise to conduct preliminary property management and sign a preliminary property service contract.

The housing sales contract signed by the development and construction unit and the property buyer shall include the contents agreed in the previous property service contract, and stipulate the content of property services, charging items, charging standards, charging methods and charging start time. , consistent with the agreement involving the interests of the buyer. At the same time, the temporary management agreement should be clearly explained and explained when the property is sold, and the property buyer should make a written commitment to abide by the temporary management agreement.

Thirteenth in the property service area, water supply, power supply, gas supply, communications, cable television and other units should charge the relevant fees from the end users: the owners should charge the owners for their own use; The use of property services companies to collect fees from property services companies; The use of public funds shall be shared by the owners according to the facts, and the specific sharing method shall be agreed by the realty service enterprise, the development and construction unit, the owners or the owners' committee in the realty service contract. The development and construction unit shall incorporate the above agreed contents into the house sales contract.

The realty service enterprise may collect agency fees from the entrusting unit when accepting the entrusted collection fees from water supply, power supply, gas supply, communication, cable TV and other units, but may not collect additional fees such as handling fees from the owners.

Property service enterprises shall not charge property service fees for supporting facilities in the property management area to water supply, power supply, gas supply, communication, cable television and other units in any name.

Fourteenth property service fees shall be charged according to the housing construction area registered with the house ownership certificate (excluding the ancillary housing area supporting the house). If the house ownership certificate is not handled, the property service fee will be charged temporarily according to the construction area indicated in the house sales contract, and will be settled according to the registered area after the house ownership certificate is handled. Not yet sold, according to the real estate administrative departments to confirm the housing ownership registration area calculation.

Fifteenth property services from the date of delivery of the property to the buyer on a monthly basis. Unless the owner voluntarily pays in advance.

The property service fee incurred in the month from the effective date of the preliminary property service contract to the delivery date of the house for sale shall be borne by the development and construction unit; The property service fee for completed unsold houses shall be borne by the development and construction unit; The property service fee from the month following the delivery date of the house for sale to the month following the termination of the preliminary property service contract shall be borne by the property buyer according to the preliminary property service fee agreed in the house sales contract; When the development and construction unit sells the house, it promises to reduce or exempt the property service fee, and the property service fee shall be partly borne by the development and construction unit.

Sixteenth property has been delivered to the buyer, but the relevant supporting equipment and facilities in the property management area are not complete or not delivered, the property service fee standard should be appropriately reduced. The specific floating measures for the implementation of government-guided prices shall be formulated by the price departments of the municipal and county governments in conjunction with the real estate administrative departments; Where the market-regulated price is implemented, the owners shall negotiate with the realty service enterprise. The difference between the charging standard agreed in the previous realty service contract and the actual charging standard after the downward float shall be borne by the construction unit.

Seventeenth owners should pay the property service fee in full in accordance with the provisions of the property service contract. If the owners violate the property service contract and fail to pay the property service fee within the time limit, the owners' committee shall urge them to pay it within a time limit. Fails to pay, the realty service enterprise can recover according to law.

If the owner and the user of the property agree that the user of the property will pay the property service fee, the owner shall bear joint and several liability for payment.

When the property right is transferred, the original owner or property user shall settle the property service fee. The property service fee shall be settled until the month of property right transfer.

Article 18 Where a charging system is adopted for property service charges, the property service funds received in advance belong to escrow nature and belong to the owners who have already paid, and the property service enterprise shall not use them for expenses other than those stipulated in the property service contract.

The realty service enterprise shall announce the annual budget and final accounts of realty service funds to the owners' assembly or all owners, announce the income and expenditure of realty service funds at least once a year, and accept the questions of the owners or owners' assembly.

Article 19 The realty service fee is subject to a gratuity system, and the realty service enterprise or the owners' assembly may hire a professional institution to audit the annual budget and final accounts of realty service funds and the revenue and expenditure of realty service funds in accordance with the provisions of the realty service contract. The way to bear the audit fees is approved by the owners' meeting, and the owners' committee will agree on behalf of the owners and the property service enterprises in the property service contract.

Twentieth property use * * * parts and * * * facilities and equipment management, must abide by laws, regulations and management regulations (temporary management regulations) and other provisions. After obtaining the consent of the relevant owners and owners' congress, the relevant formalities shall be handled in accordance with the provisions, and the property service enterprise shall be informed. The proceeds should be mainly used to supplement the special maintenance funds for residential buildings, and can also be used according to the decision of the owners' congress. Property service enterprises involved in the operation shall be handled in accordance with the contract agreed by both parties.

Twenty-first property services companies have been entrusted to implement property services and charge corresponding service fees, and other departments and units shall not charge fees of the same nature and content.

Twenty-second realty service enterprise shall, according to the entrustment of the owners, provide services other than those stipulated in the realty service contract, and the service fee shall be agreed by the realty service enterprise and the owners of the entrusted services.

Twenty-third property service enterprises in the same property service area at the same time, the same nature of use and the same type of property service charges, should be charged in accordance with unified standards, and shall not take any form of price discrimination.

Article 24 The competent price departments of governments at all levels shall strengthen the supervision of the property service charges that are subject to government-guided prices, and seriously organize the implementation of the supervision and examination of the pricing cost of property service charges, and the real estate administrative departments at the same level shall cooperate with the competent price departments to carry out their work.

Twenty-fifth government price and real estate administrative departments at all levels should strengthen the guidance and standardization of property services that implement market-regulated prices, and promote the reasonable agreement of fees and related matters by property-related subjects.

Twenty-sixth property service charges should be clearly marked. Property service enterprises shall, in accordance with the requirements of the National Development and Reform Commission and the former Ministry of Construction, do a good job in clearly marking property service charges.

Twenty-seventh price departments and real estate administrative departments should strengthen the supervision and inspection of the service content, service standards, charging items and charging standards of property service enterprises. Property service enterprises in violation of national and provincial property management regulations and relevant price laws, regulations and provisions, shall be punished by the real estate administrative departments and price departments according to the division of functions respectively according to relevant laws, regulations and provisions.

Article 28 The price departments of all districts and cities shall, jointly with the real estate administrative departments at the same level, formulate specific implementation measures according to these measures, and report them to the Provincial Price Bureau and the Provincial Department of Housing and Urban-Rural Development for the record.

Twenty-ninth approach by the Provincial Price Bureau and the Provincial Department of housing and urban-rural development shall be responsible for the interpretation of their respective responsibilities.

Thirtieth these measures shall come into force as of August 20 1 year 10.