If I don t have a property, can I modify the home repair fund

1. Recently, the state has introduced a series of tax policies to regulate and control real estate tax: Buyers who purchase ordinary houses of 90 square meters and below for the first time enjoy a preferential deed tax rate of 1%, and should provide their own application and clear commitment to purchase for the first time, proof of file inspection by the housing management department and relevant contract information. Maintenance** Houses under 90 square meters are 2 points of the total property price, and above 4 points.

2. The relevant tax laws stipulate: At the beginning, the Real Estate Bureau, the Municipal Housing Reform Office, and the Municipal Finance Bureau jointly issued a notice on the maintenance of common facilities and equipment in the common parts of the residential buildings, which stipulates that all buyers of newly built commercial residences in the administrative area must pay for the maintenance of common facilities and equipment in the common parts of commercial residences in accordance with the provisions of this notice.

Buyers of commercial residential buildings shall pay the full amount of maintenance ** to the Real Estate Bureau when going through the deed transfer procedures; When the real estate bureau collects the maintenance**, it must issue the buyer a special invoice for the maintenance of residential maintenance in Beijing under the unified supervision of the Beijing Municipal Finance Bureau. If the commercial residential maintenance is not paid, the real estate bureau will not go through the deed transfer procedures and ownership registration procedures. According to the regulations, all buyers who purchase commercial residences should pay for repairs**.

Repairs** should be paid at the time of completing the deed formalities of the house. If the real estate developer handles the property transfer procedures after the purchase of the house on behalf of the buyer, the buyer should do so at the same time as the purchase agreement with the real estate developer to pay the price. Then the real estate developer will hand over to the relevant departments of the real estate bureau for custody.

3. Since the revision and promulgation of the Provisional Regulations on Deed Tax in 1954, the collection of deed tax in China has been implemented according to the deed tax rate6. In 1997, the deed tax rate after the Provisional Regulations on Deed Tax was revised again to 3-5. In 1999, the Beijing Municipal Deed Tax Administration Regulations set the deed tax rate in Beijing at 4.

The stipulation of "halving the deed tax" you mentioned does not refer to the deed tax rate that buyers should pay for the purchase of commercial housing. 4. Residential property service charges: Interim Measures for Property Management Service Charges for Ordinary Residential Communities and Interim Measures for Charges for High-end Residential Property Management Services; The difference between the two is:

The charging standards for ordinary residential property management services shall be formulated by the Municipal Price Bureau in conjunction with the Municipal Real Estate Bureau, and will be adjusted in a timely manner according to the changes in property management. The property management service charges for high-end residential buildings shall be subject to market-adjusted prices, and the charging items and standards shall be determined by the property management enterprises and the management committee through consultation.

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Summary. Hello, the community owners' committee and other relevant owners can supervise their timely delivery. If the cost of special maintenance of the house is not deposited, other owners may sue the court for recovery.

Legal basis: Article 53 of the "Property Management Regulations" The owners of residential properties, non-residential properties in residential communities or non-residential properties connected to the structure of a single residential building shall be implemented in accordance with national laws and regulations.

Hello, the community owners hosiery committee and other relevant owners can supervise their timely delivery. If the special maintenance fee for the first house is not deposited, the other owners can sue the court to recover. Legal basis:

Article 53 of the Regulations on the Management of Property The owners of residential properties, non-residential properties in residential communities or non-residential properties connected to the structure of a single residential building shall be implemented in accordance with national laws and regulations.

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Summary. Dear, hello, I am happy to answer for you, according to your question, the results of your analysis from a legal point of view are as follows: property use and maintenance** do not repair the house can not be without paying property fees.

Paying the strata fee and allowing the property to carry out repairs to the house are two different legal relationships.

Dear, hello, I am happy to answer for you, according to your problem, the results of your analysis from a legal point of view are as follows: the property uses peacekeeping to prepare for imitation repair** If you do not repair the house, you can't pay the property fee. Paying the strata fee and allowing the property to carry out repairs to the house are two different legal relationships.

Legal analysis: If the property does not repair the foundation, the house cannot be excavated, and the property fee cannot be paid. The payment of the property fee and the maintenance of the house by the property are two different legal relationships, the property is at fault if the property does not repair the house to the owner, but the owner cannot use this as a reason not to pay the property fee.

However, if the owner has repaired the house by himself and incurred relevant maintenance costs, then the owner has the right to request that the property fee be deducted from the property fee when paying the fee. The provisions on the obligations of property owners include the obligation of property owners to pay special maintenance funds and property service fees on time in accordance with relevant national regulations in property management activities.

Legal basis: Article 36 of the "Property Management Regulations" property service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

Article 42 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 property user shall pay the property service fee, the owner shall be jointly and severally liable for the payment from the agreement. For the property that has been completed but has not yet been handed over to the property buyer, the property service fee shall be paid by the construction unit and the owner shall not pay the property fee, which is a violation of the property service contract and will bear legal responsibility.

The answer to this question is as follows, how to apply for home repairs**.

Housing repairs** actually include the use of housing utilities** and the maintenance of the house itself**. Housing public facilities are used for the renewal and renovation of common parts of the property, public facilities and equipment, and shall not be diverted for other purposes. The principle of "money goes with the house" is implemented for special house maintenance**, and when the house is transferred, the balance of funds in the account is also transferred to the new owner of the house.

How to apply for maintenance**? According to the provisions of the "Property Management Regulations" and the "Measures for the Management of Special Residential Maintenance Funds", the use of maintenance funds shall be handled in accordance with the following procedures:

1. The property service enterprise shall put forward suggestions for use, and the relevant owners shall put forward suggestions for use if there is no property service enterprise.

2. The owners of the exclusive part within the scope of maintenance funds accounting for more than 23 of the total area of the building and accounting for more than 23 of the total number of owners discuss the use of suggestions.

3. The plan implemented by the property service enterprise or the relevant owner organization.

4. The property service enterprise or the relevant business owner shall apply to the real estate department for expenditure with relevant information.

5. After the approval of the real estate department, the special account management bank shall issue a notice for the transfer of maintenance funds.

6. The special account management bank will transfer the required maintenance funds to the maintenance unit.

How to use home repairs**.

When can I use home repairs**?

Housing maintenance**, which is used for major and medium repairs and renovation projects of the main structure, public parts and public facilities and equipment of the house after the expiration of the house warranty period.

The load-bearing structure of the main body of the house includes the foundation, internal and external load-bearing walls, columns, beams, floors, roofs, etc.; Public areas refer to outdoor walls, hallways, stairwells, corridors, etc.; Public facilities and equipment refer to the water and sewer pipes and equipment, distribution cables and equipment, elevators, public lighting, fire protection facilities, green spaces, roads, non-operating parking garages, public welfare cultural and sports facilities and other shared facilities and equipment jointly owned and used by the owners in the housing and related supporting areas. Maintenance** is managed by the Housing Authority, and the application process is more complicated.

1) Before the maintenance funds are transferred to the owners' general meeting for management, the following procedures shall be followed: the property service enterprise shall put forward suggestions for the use of the maintenance and renewal and renovation projects, and if there is no property management service enterprise, the relevant owners shall put forward suggestions for the use; The exclusive part within the scope of the special residential maintenance fund accounts for more than two-thirds of the total area of the building and accounts for more than two-thirds of the total number of owners; The property service enterprise or the relevant owner organization implements the use plan, and the property service sales enterprise or the relevant business hosts the relevant materials, and applies to the competent department of construction of the municipality directly under the central government, city or county where it is located.