When handing over the house, pay the property fee first in the house inspection, which provision of

The Property Law does not stipulate that the property fee shall be paid after the house inspection, nor does it stipulate that the property fee shall be paid before the house inspection.

The price bureau of each region has the provisions that the property fee can be collected in advance, the property law will not stipulate so detailed, the property law only stipulates that the payment of the property fee is the obligation of the owner, I think the house inspection can first let the owner view the house, if there is a problem, the owner can write on the house inspection list, if the concealed project can not be detected, the developer must also bear the warranty responsibility, what is the owner struggling with.

The acceptance of the house is the contractual legal relationship between the developer and the owner, and the payment of the property fee is the legal relationship between the owner and the property management company.

If there is a problem with the house, the developer is responsible for the warranty, except that the house does not have water and electricity and the quality of the house structure can refuse to be accepted, the owner must collect the house and pay the property fee.

The current national situation is such that although the owner should receive enough protection as a purchaser in the process of buying a house, the reality is that the developer currently occupies an absolute advantage.

That's the way it is. If you don't pay the full amount of money first according to their requirements, they will make you unable to do it with just one trick - you won't be able to inspect the house if you don't pay the money, don't give you the key, and don't open the door.

You can only say that there is no way to solve this problem for the time being, and it can only be solved when the relevant departments introduce hard policies to restrict developers. At present, relying only on the rights protection of individual owners has little effect on developers.

When the new house is delivered, whether to pay the property fee or the house first, if you don't pay the property fee, you won't give the key, whether the city has a clear provision for the buyer's acceptance procedure, in addition, you need to look at the purchase contract. Therefore, it is best to consult with the developer when signing the contract.

1. Article 26 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates that the design and construction of real estate development projects must comply with the relevant national standards and norms. The real estate development project can be delivered only after the completion of the experience and the acceptance of the experience.

2. Article 17 of the Regulations on the Administration of Urban Real Estate Development and Operation stipulates that the real estate development project can only be delivered after the completion of the project and the experience is collected; If it has not been accepted or the acceptance is unqualified, it shall not be delivered.

Article 18 stipulates that the completion of real estate development projects for residential communities and other groups shall be carried out in accordance with the provisions of Article 17 of these Regulations and the following requirements: (1) the implementation of urban planning and design conditions; (B) the construction of supporting infrastructure and public facilities required by urban planning; (C) the quality acceptance of a single project; (4) The implementation of the demolition and resettlement plan.

If your city does not clearly stipulate that the buyer's acceptance procedure needs to be inspected before paying the money, the first thing to look at is the purchase contract, if the owner wants to protect his rights, it is best to clearly stipulate in the contract that the buyer must inspect the house when signing the contract with the developer. After receiving the delivery notice issued by the developer, it is best to take the following steps to protect your rights and interests:

1. First of all, check the information, including: the "Residential Quality Assurance Certificate", "Residential Instruction Manual", "Completion Acceptance Record Certificate", the area measurement table, and the as-built drawing of pipeline distribution (water, strong electricity, weak electricity, structure).

2. Secondly, in addition to inspecting the house with the property and the developer's engineering personnel, it is best to find a house inspection agency to check the quality of the house and ancillary facilities, whether the indoor harmful gases exceed the standard and the community environment according to the agreement of the "Commercial Housing Sales Contract" and relevant laws and regulations.

3. Finally, after questioning, improving opinions or solutions to the problems existing in the acceptance, the property must be recognized and signed. After the developer solves the problems in the house inspection within a certain period of time, he will inspect the house with the property again to confirm that there are no problems, and finally receive the house key and sign the contract.

1. The house should be inspected first. According to Article 27 of the Law on the Administration of Urban Real Estate, "the design and construction of real estate development projects must comply with the relevant national standards and norms. The real estate development project can be delivered only after the completion of the experience and the acceptance of the experience. In accordance with the provisions of Articles 17 and 18 of the Regulations on the Administration of Urban Real Estate Development and Operation, the residential community shall carry out completion acceptance and comprehensive acceptance, and the documents required for the record in accordance with the provisions of Article 19 can prove whether the "new house" is licensed for delivery.

On this basis, the buyer should first confirm that there is no quality problem in the exclusive part of the "new house" and that the configuration of the common part meets the national standards.

2. Reconfirm the legitimacy of the charge. According to Article 11 of the Measures for the Administration of Property Service Charges, property service fees include service costs, statutory taxes and corporate profits, and the nine expenses that constitute service costs are directly related to the quantity and quality of common parts of the property and common facilities and equipment. Therefore, the property service enterprise shall go through the filing procedures in accordance with Article 29 of the Measures for the Undertaking and Inspection of Property, and publicly record the property service contract, management statute, property acceptance inspection agreement, inspection and handover records and other filing documents to prove that it has undertaken the property in accordance with the law, and through the guidance and supervision of the administrative department.

The buyer shall, according to the filing documents, confirm that the property service enterprise complies with the provisions of Article 10 of the ** Law, and accurately record and verify the service cost and service fee (charging standard); The declaration and filing obligations have been fulfilled in accordance with the regulations, and the content listed in Article 6 of the "Provisions on the Clear Marking of Property Service Charges" has been complied with.

3. It is illegal to not give the key without paying the property fee. The buyer's landlord's failure to pay the strata fee may be a breach of contract, but it is not necessarily a breach of contract. For example, Article 273 of the Civil Code stipulates that "the owner shall have rights and obligations with respect to the common parts other than the exclusive part of the building"; The second paragraph of Article 41 of the "Property Management Regulations" stipulates that "the property that has been completed but has not yet been handed over to the property buyer shall be paid by the construction unit for the property service fee"; The second paragraph of Article 22 of the Beijing Property Management Regulations, which summarizes a number of national regulations, stipulates that "the property management fees incurred in the month following the date of delivery of the house to the date of termination of the property service contract in the previous period shall be borne by the owner in accordance with the provisions of the housing sales contract; If there is no agreement in the house sale and purchase contract, the construction unit shall bear it".

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Summary. The developer does not have the right to unilaterally formulate the conditions and procedures for receiving the house According to the relevant provisions of the Contract Law, the contractual obligations of both parties shall be performed in strict accordance with the provisions of the contract for the sale and purchase of commercial housing. If the contract does not expressly stipulate that the seller has no right to unilaterally set the conditions and procedures for receiving the house, and the buyer also has the right to refuse to take over the house in accordance with the process, and the seller shall bear the liability for breach of contract for late delivery.

Is it legal to require the payment of the property fee before the house inspection?

Hello Platform Cooperative Attorney is happy to serve you.

The developer has no right to unilaterally formulate the conditions and procedures for receiving the house According to the relevant provisions of the Contract Law, the obligations of both parties shall be performed in strict accordance with the provisions of the contract for the sale and purchase of commercial housing. If there is no express agreement in the contract, the seller has no right to unilaterally set the conditions and procedures for receiving the house, and the buyer also has the right to refuse to take over the house in accordance with the process, and if the seller delays the delivery of the house, the seller shall bear the liability for breach of contract for the late delivery.

Pay the property fee first before you can pay the default of the house. Although the property service contract and the house sale contract are related, they are not the same legal relationship. Kaiqing Kuansa Distributor has no right to take the content of the property service contract that the owner needs to negotiate with the property management company to determine as a precondition for the delivery of the house, and the two parties shall strictly follow the agreement in the Qiaozao house sales contract.

[Legal basis].Article 509 of the Civil Code.

The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract. In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 595.

A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 937.

The property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee. Property service providers include property service enterprises and other managers.

Dear owners, we are very grateful for your trust and support in our property. Here, I would like to explain to you the reason why you should pay the strata fee first and then go for a home inspection. First of all, the property fee is one of the expenses you must pay after buying a house, which includes the maintenance, cleaning, security and other aspects of the community's public facilities.

These expenses are necessary for the normal operation of the community, and we need your support and cooperation to jointly maintain the good environment of the community. Secondly, the home inspection is to ensure that the quality of the house you buy meets the national standards, and we attach great importance to your interests and interests. However, due to the time and labor costs required for home inspections, we need you to pay the property fee first to ensure the normal operation of the community, and also to prevent the owners from entering the house without permission before the inspection, which will affect the interests of other owners.

Finally, we guarantee that your rights and interests will not be harmed in any way, if you find that there is a quality problem in the house after the inspection, we will actively deal with it and provide you with a solution. We hope that you will understand our approach and give us your support and cooperation. If you have any other questions or comments, please feel free to contact us.

First of all, it should be explained to the owner that it is very important to inspect the house after paying the property fee, because only before the house inspection can the actual problems of the housing be found in time, so that the bank can make corrections in time to ensure the quality of the house. Secondly, you can introduce to the owner that the property fee is used to maintain the daily maintenance and equipment repair of the house and the repair and maintenance of community facilities, ensure the safety and purification of the community environment, and improve the quality of life of the house, so it is very important to pay the property fee.