Legal basis for collecting decoration garbage cleaning fee

If the construction waste generated by decoration is entrusted to the realty service company for removal, it shall bear the removal cost, and the specific charging standard shall be determined by both parties through consultation.

All residential quarters should hold hearings, community owners' meetings and other forms to discuss and pass the charging standards for moving services suitable for the actual situation of the community. Many properties charge decoration waste cleaning fees because construction waste can only be removed by units and entities with specific qualifications, and it must be approved by the municipal and environmental sanitation departments and paid a certain fee before it can be discharged. If the owner can provide a certificate of qualified discharge of construction waste or entrust a qualified unit to clear it, he can also clear it himself to avoid paying the cleaning fee for decoration waste. The garbage cleaning fee for new house decoration must be paid. The transportation fee of decoration garbage refers to the transportation cost of a large amount of construction garbage generated by decoration from residential storage points to places designated by the sanitation department for landfill treatment. When the new house is renovated, it is inevitable that some decoration garbage needs to be removed, so it is necessary to pay the freight. Under normal circumstances, the garbage cleaning fee is not included in the property fee. The garbage clearing fee and garbage facility fee are collected by the sanitation department and the residential property.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 284 The owner may manage the building and its ancillary facilities by himself, or entrust the management to the property service enterprise or other managers. The owner has the right to replace the realty service enterprise or other managers selected by the construction unit according to law.

Article 285 A realty service enterprise or other manager is entrusted by the owner to manage the building zoning in accordance with the provisions of the realty service contract in Part III of this Law.

Buildings and their ancillary facilities shall accept the supervision of the owners and answer the owners' inquiries about property services in a timely manner. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.

Article 286 The owner shall abide by the laws, regulations and management regulations, and the relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law. The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees. If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 287 The owner has the right to require the construction unit, the realty service enterprise or other managers and other owners to bear civil liability for acts that infringe upon their legitimate rights and interests.

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.