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What are the new provisions of the new Property Law 202 1, the charging standard of property fees, and the Property Law 202 1?
Property Law 202 1 New Property Fee Charging Standard
Property fee collection standards are divided into four standards: Grade I, Grade II, Grade III and Grade IV. The charges of these four standards are roughly as follows: level I: 1.00 yuan/square meter, level II: 0.75 yuan/square meter, level III: 0.50 yuan/square meter, and level IV: 0.35 yuan/square meter (including taxes).
After the new Civil Code comes into effect, these fees need not be paid:
1. If the house is delivered late, there is no need to pay the property fees incurred during the overdue period. Since 20021,the new regulations of civil law stipulate that the developer pays the house overdue, during which the property service fee shall be paid by the construction unit.
2. You don't have to pay the natural gas opening fee. Natural gas opening fees and other related expenses belong to urban infrastructure supporting fees. When the developer took the land, he actually paid it to them, which was included in the property fee. If they pay again, they will pay again, and the owner will not have to pay this fee again.
3. If the supporting facilities are not up to standard, the property fee may be reduced or exempted. Developers often exaggerate publicity to attract buyers when selling real estate. "The ideal is full and the reality is very skinny." Many owners will find that their supporting facilities do not meet the standards in the real estate contract as promised by the developers. In this case, according to the provisions of the Civil Code, the owner may have the right to ask for a part of the property fee reduction, and the part of the reduction shall be borne by the developer. Owners can wait for the facilities to reach the standard before paying the property fee.
4. Additional fees stipulated by the property management company. Residential property can actually serve the owners, but now it has become a management owner. Sometimes even privately agreed some fees, asking the owners to pay, such as garbage cleaning fees, wall smashing fees, public * * * loss fees and so on. Owners and friends must pay carefully, and all expenses except those stipulated in the property contract do not need to be paid.
What are the new provisions of the 202 1 Property Law?
The Civil Code has made a series of new provisions on property, giving owners more rights.
1, the owner's right to know about the property fee.
Article 943 of the Civil Code stipulates that the property management company shall regularly disclose the service items, property management personnel, quality requirements, charging items, charging standards, performance, the use of maintenance funds, as well as some business and income of the owners or report to the owners' committee. At present, most residential owners in China are not very familiar with the charging items, standards and service quality of the property, and these problems are also a flashpoint of the contradiction between the owners and the property. After the introduction of the new regulations, the list and price of property charges in the residential area must be approved by the price bureau, and the owners have the right to check whether the list and price are legal and compliant. If the property cannot be provided, the owner has the right to refuse to pay the property fee.
2. The property shall not be required to pay the property fee by means of water, electricity and gas.
The third paragraph of Article 944 of the Civil Code stipulates that a property service provider may not demand to pay property fees by stopping power supply, water supply, heat supply and gas supply. Before the introduction of the new regulations, it was not uncommon for the property to ask for property fees by means of power failure, water cut-off, heating stop and gas stop. After the new regulations, these behaviors of the property will be illegal.
3. The income of the public * * * area belongs to the owner * * *.
According to the provisions of Article 282 of the Civil Code, the income generated by the use of the owner by the construction unit, property service enterprise or other managers shall be owned by the owner after deducting reasonable expenses. In real life, elevator advertising, booth rental, parking space rental or temporary parking in residential areas all have certain benefits, and part of the public benefits of residential areas stipulated in this Ordinance can be enjoyed by owners, which means that every owner can get an extra income in the future. The previous money basically went into the pocket of the property, and most owners also chose to swallow it. But in fact, the community is the community of all owners. Of course, the proceeds should belong to all owners. From next year, if the property misappropriates this money, the owners can take legal measures to safeguard their legitimate rights and interests.
4. The owner has the right to choose to replace the property service personnel.
This is the owner's greatest concern. Article 284 of the Civil Code stipulates that the owner has the right to 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. If the owners are satisfied with the service department of the existing property management company, only more than two-thirds of the owners need to vote. If more than half of the owners agree, then the property in this community can be cancelled. This measure is equivalent to putting pressure on the property, which can force the property management company to improve the service level and promote the healthy competition of the property service enterprises.
The above is the relevant content of Property Law 202 1 New Property Fee Charging Standard compiled by Bian Xiao.
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