Provisions of Civil Code on Property Services

Article 937 A realty service contract is a contract in which a realty service provider provides realty services such as maintenance of buildings and their ancillary facilities, management and maintenance of environmental sanitation and related order within the realty service area to the owner, and the owner pays the realty fee. Property service providers include property service enterprises and other managers. Article 938 The contents of a realty service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service premises, service term and service handover. The public service commitment made by the property service provider in favor of the owner is an integral part of the property service contract. The realty service contract shall be in written form. Article 939 The preliminary realty service contract signed by the construction unit and the realty service enterprise according to law, and the realty service contract signed by the owners' committee and the realty service enterprise selected by the owners' congress according to law are legally binding on the owners. Article 940th If the realty service contract concluded by the construction unit and the realty service provider according to law comes into effect before the expiration of the service period stipulated in the prophase realty service contract, the prophase realty service contract shall be terminated. Article 941 Where a realty service provider entrusts special services within the realty service area to a professional service institution or other third party, it shall be responsible to the owner for the special services. The property service provider shall not entrust all the property services it should provide to a third person, or entrust all the property services to a third person after the demolition. According to different properties, property service contracts can be divided into residential property service contracts and commercial property service contracts. According to the different stages of service provision, it can be divided into prophase realty service contract and realty service contract. The former refers to the contract signed by the construction unit and the property service enterprise it selected before the property sales, and the latter refers to the contract signed by the legally established owners' committee and the property company selected by the owners' congress when the property delivered by the construction unit reaches a certain amount. When the realty service contract signed by the owners' committee and the realty service enterprise takes effect, the prophase realty service contract is terminated. The property service contract can be transferred. However, if one party to a property contract enters into a property service contract transfer contract with a third party without the consent of the other party, the transfer contract has no legal effect on the other party, and the losses arising therefrom shall be borne by the breaching party.

Legal objectivity:

Article 285 of the Civil Law A realty service enterprise or other manager shall, on the entrustment of the owner and in accordance with the provisions on realty service contracts in Part III of this Law, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owner and promptly answer the owner's inquiries about realty service. 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.