How to charge the vacant house property fee

What is vacant housing: In general reality, the following three categories are habitually called vacant houses: one is the unsold houses of the development company, and the property fee will be charged from the date of collective occupation and paid by the development unit; The first type is the house that the purchaser has not gone through the formalities of moving in after purchase, which should be calculated and charged by the purchaser from the date of occupancy, and settled when the owner comes to move in or transfer the property; The first type is the house that the purchaser has gone through the occupancy procedures after purchase, but has not been renovated or moved in, and this kind of house is also called a vacant house in operation (strictly speaking, this is no longer a vacant house).

The above three categories, according to the property management regulations, should pay all property fees, because property management is for the overall service of the public area, and will not reduce the investment because of the availability of houses. Although the owners of the vacant houses did not live in the community, the property management company was not idle, and also had to maintain the public facilities such as the green belt and fitness equipment in the community and the public safety of the community buildings. As long as you buy a house, you have to pay the public expenses paid by the property, even if you don't live in it, you have to have it, this is the public housing must have some costs of property expenses, not that if you don't live in it, it will be less.

Regardless of whether the owner has moved in or not, the maintenance of public facilities in the community cannot be stopped because some owners have not moved in, and the manpower and material resources invested by the property company are the same, so the property management fee for vacant houses needs to be paid in full. "Elevator utility electricity bills, elevator maintenance fees, pressurized water pump electricity bills, street lamp electricity bills, etc., even if you don't live in it, you will incur costs. If you don't live here, the property will still come to your door to do sanitation, not if you don't live and don't go to sanitation.

The cost of public electricity such as street lights and elevators is borne by the property, and this will not make the community not use public electricity because you do not live in the construction area. Some property management companies discount vacant houses because some real estate companies subsidize the property, that is, pay the money that the owner should have paid, plus the subsidy for the property management house. Capital is the food and grass for the existence of the property, and the property company that does loss-making business will not have it.

As a property company, the purpose of property service is to create a clean, orderly, safe and comfortable living environment for the majority of owners in the community through formal (standardized), solid and effective management service behaviors, which is also the common expectation of the owners of the community. Therefore, the goal of the property company and the owners is the same, which is to beautify the living environment of the community and improve the quality of the property. The property management fee is the basis for supporting the normal operation and operation of the property company, and the underpayment or non-payment of the property fee for vacant houses will restrict the healthy development of the property company.

The above was published on 2013-04-16, the current relevant housing purchase policy please refer to the actual situation).

Do you have to pay a strata fee for vacant houses? Don't be fooled easily, and you should ask the property for this money.

Legal analysis: It is necessary to pay, but it can only be paid in part, not in full. The "Property Management Ordinance" does not specify how the property management service fee should be charged by the owner or user before moving in after the property**.

Some provinces and cities stipulate that for vacant properties that have not been occupied for a long time (more than six consecutive months) after the owner has checked in and vacant properties that have not been used for a long time after moving in, the owner shall file with the property service enterprise in writing and pay the vacant property fee according to the provisions or 70% to 90% of the agreed service standards, and the specific proportion shall be formulated by the local ** and property management authorities. If it has been delivered to the owner, the property fee shall be charged from the month following the delivery of the property to the owner. The vehicle management fee must be paid in full, and the owner shall apply in writing to the property service enterprise in advance for the property management service fee or parking space that has not been settled or used for more than one month, and pay the motor vehicle parking service fee or parking space water, electricity, sanitation and other management fees according to the prescribed standard of 70 after confirmation.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Property Management Service Disputes" Article 6 Where a property management service enterprise has provided services in accordance with the contract and relevant provisions, and the owner only uses the failure to enjoy or does not need to accept the relevant property management services as a defense, the people's court shall not support it.

2022 new provisions on the property fee charging standard for vacant houses: Article 937 of the Civil Code for Grinding Rent A property service contract is a contract in which the property service provider provides the owner with property services such as the maintenance and maintenance of the building and its ancillary facilities, environmental sanitation and the management and maintenance of related order within the property service area, and the owner pays the property fee. Property service providers include property service enterprises and other managers.

The standard of property fee collection is different in each place, and the specific standard of property fee collection is announced by the local price bureau.

Vacant property fees are discussed in different situations. If the property has been sold and delivered to the owner, the owner is obligated to pay the service fee. After the delivery of the property, it is borne by the buyer, and the owner's property fee is calculated from the date of delivery, and after occupancy, the full amount is charged.

Legal Express reminds that for vacant properties that have not been moved in for a long time (for more than six consecutive months) after the owner has checked in and vacant properties that have not been used for a long time after moving in, the owner shall file with the property management company in writing, and pay the vacant property management fee at 70% of the prescribed or agreed public service fee standard, or collect the property fee according to the provisions of the relevant departments of the province, city and county on the reduction and exemption of vacant houses.

Vacant Housing Property Fee Reduction Process:

Step 1: The owner submits the reduction information to the property staff.

Step 2: The property requires the owner to provide proof of vacancy period.

Step 3: The staff verifies and preliminarily identifies that the house is vacant.

Step 4: After the voucher is reviewed, it is preliminarily determined that the conditions for reduction and exemption are met for on-site inspection.

Step 5: Vacancy identification. Step 6: Submit an application for vacant property fee waiver.

Step 7: Internal audit of the property company.

Step 8: Payment process.

1. How to collect the property fee for vacant houses.

Charge of property fee for vacant houses: For vacant properties that have not been occupied and vacant properties that have not been used for a long time after check-in, the owners shall file with the property management company in writing and pay the vacant property management fee at 70% of the prescribed or agreed public service fee standards for more than six consecutive months after check-in.

2. What items are included in the property fee?

Property management fee items constitute (1) maintenance costs of public properties and supporting facilities, including external walls, stairs, walking corridors, elevators (escalators), air conditioning systems, fire protection systems, security systems, television and audio systems, electrical distribution systems, water supply and drainage systems and other machinery, equipment, mechanical devices and facilities, etc.; (2) The salaries of hired management personnel, including wages, allowances, benefits, insurance, clothing costs, etc.; (3) Expenditures on public water and electricity, such as public lighting, fountains, grassland watering, etc.; (4) Expenses for the purchase or lease of necessary machinery and equipment; (5) Expenditures on property insurance (fire insurance, disaster insurance, etc.) and various liability insurances; (6) The cost of garbage cleaning, pool cleaning, disinfection and pest control; (7) The cost of cleaning public areas and curtain walls and walls; (8) Planting flowers and grass in public areas and their maintenance costs.

3. Do you have to charge the full amount of the property fee for vacant houses?

There is no unified regulation in China on whether the full amount of property management fees must be charged for vacant houses. However, according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases, the property management fee should be paid even if the vacant house is not used. However, in general, vacant properties are not subject to full property management fees.

Let's take a look at the regulations of several places: Article 27 of the "Gansu Provincial Property Management Measures" stipulates that the proportion of property management fees paid for vacant properties is 70% of the fee standard. Article 16 of the "Hunan Provincial Measures for the Administration of Property Service Charges" stipulates that the property service fee shall be charged on a monthly basis according to the legal property right floor area of the residence, unless otherwise agreed in the property service contract for the time of collection.

Article 17 of the Measures for the Administration of Property Service Charges in Shandong Province stipulates that the property service shall not exceed 60% for houses that have been delivered but have been vacant for more than six months. It can be seen that whether the full property management fee must be charged for vacant houses needs to be determined according to local local regulations.

Measures for the Administration of Property Service Charges".

Article 5. Property service charges shall follow the principles of reasonableness, openness, and the cost is commensurate with the service level.

Measures for the Administration of Property Service Charges".

Article 8. Property management enterprises shall, in accordance with the provisions of the competent authorities, clearly mark the price, and publicize the content of the service, service standards, charging items, charging standards and other relevant information in a conspicuous position in the property management area.