Article 1 In order to regulate the charging behavior of property services, safeguard the legitimate rights and interests of owners, property users and property service enterprises, and promote the healthy and stable development of economy and society, these measures are formulated in accordance with the Price Law of People's Republic of China (PRC), the Regulations on Property Management and other laws and regulations, combined with the actual situation of this province.
Article 2 These Measures shall apply to property service charges and their supervision and management activities within the administrative area of this province.
The term "property service charges" as mentioned in these Measures includes property service charges, motor vehicle parking fees and other service charges.
The competent price department of the third provincial people's government is responsible for the supervision and management of property service charges in the province. The competent price departments of the people's governments of cities and counties (cities, districts) with districts shall be responsible for the supervision and management of property service charges within their respective administrative areas in accordance with the price management authority.
The administrative departments of housing and urban construction of the people's governments at or above the county level and other relevant departments shall, in accordance with their respective responsibilities, do a good job in the management of property service charges.
Article 4 Property service charges shall follow the principles of legality, reasonableness, openness and fairness, and the charges shall be adapted to the service quality. According to the nature and characteristics of different properties, government-guided prices and market-regulated prices shall be implemented respectively.
Article 5 The competent price department of the people's government of a city or county (city, district) divided into districts shall, jointly with the real estate management department or the administrative department of housing and urban and rural construction (hereinafter referred to as the property department), formulate the benchmark price and its floating range, which shall be announced to the public for implementation after being approved by the people's government at the same level.
The charging standards for property services with government-guided prices shall be adjusted in a timely manner according to the level of economic and social development and the changes in the cost of property services.
Sixth the implementation of market-adjusted price of property services charges, by the owners or property users and property services companies through the property services contract.
Encourage and support owners or property users to choose property service enterprises through fair competition mechanism, and negotiate with property service enterprises to determine the content, service quality, charging standards and charging methods of property services.
Chapter II Public Service Fees for Property Management
Article 7 The term "property service fee" as mentioned in these Measures refers to the fees charged by property service enterprises to owners or property users for daily management, maintenance, greening, sanitation, public order maintenance, security assistance and other public services of houses and supporting facilities and related sites within the property management area according to the property service contract.
Eighth ordinary residential property public service charges are subject to government guidance, and other property public service charges are subject to market adjustment.
Ninth ordinary residential property public service fees should be based on the level of property service, service quality, service cost and other factors, the implementation of hierarchical pricing.
The standard of property service level in the early stage of ordinary residence shall be formulated by the property administrative department of the municipal people's government with districts in conjunction with the price administrative department and announced to the public.
Article 10 Before ordinary houses are sold, the construction unit shall formulate a realty service plan, select the realty service level, hire realty service enterprises according to law, sign a prophase realty service contract, and report it to the local price department and the realty department for the record within ten days from the date of signing the contract.
Eleventh property service level, service content, charging standards, charging methods, charging start time, contract termination, etc. , should be listed in the prophase realty service contract, and publicized in a prominent position in the realty management area.
The housing sales contract signed by the construction unit and the property buyer shall include the contents of the property service fee.
Article 12 If it is necessary to adjust the standard of public service fees for pre-property due to changes in government-guided prices, the property service enterprise shall make corresponding adjustments within the range of changes in government-guided prices.
Due to the change of service cost, it is necessary to adjust the service fee standard of ordinary residential property in the early stage. The realty service enterprise shall disclose the true and complete realty service fees to the owners, and obtain the written consent of the owners whose exclusive parts account for more than half of the total construction area and more than half of the total number.
The realty service enterprise shall, within ten days from the date of adjustment of the service fee standard of the realty company, file with the local price department.
Thirteenth ordinary residential property public * * * service charge according to the housing property construction area. If the house ownership certificate has been handled, the housing construction area specified in the house ownership certificate shall be levied; If the house ownership certificate is not handled, it shall be levied according to the construction area agreed in the house sales contract.
Storage rooms and garages of ordinary houses are not included in the charging area of property service fees, except those changed for residential purposes.
Fourteenth houses, garages, warehouses used for catering, training and other business according to law, shall obtain the written consent of the interested parties, and go through the relevant formalities. The property service fee shall be separately agreed by the property service enterprise and the owner or property user with reference to the standard of business premises.
Fifteenth owners should pay monthly property service fees from the date of delivery. If the owner and the property user agree that the property user shall pay the property service fee, such agreement shall prevail.
With the consent of the owner or the user of the property, the property service enterprise may receive the property service fee in advance, but the time for receiving it in advance shall not exceed half a year; Where the realty service enterprise and the owner or the user of the property have otherwise agreed on the prepayment time, such agreement shall prevail.
If the property right is transferred, the original owner or property user shall settle the property service fee.
Article 16 If the supporting facilities, equipment, road traffic and green environment fail to meet the standards stipulated in the house sales contract due to the staged development and delivery of the construction unit, the property service fee shall be reduced or exempted, and the difference shall be compensated to the property service enterprise by the construction unit.
The proportion of property service fee reduction and exemption specified in the preceding paragraph shall be determined by the competent price department of the people's government of the city or county (city or district) jointly with the competent property department if it belongs to the pre-residential property of ordinary houses; Belonging to other properties, the construction unit shall negotiate with the property service enterprises, owners or property users.
Seventeenth ordinary residential vacant for more than six months after delivery, the early property service fees should be reduced; The procedures for dealing with the vacancy and the specific reduction ratio shall be stipulated by the competent price department of the people's government of the city or county (city, district) divided into districts in conjunction with the competent property department, but the maximum fee charged shall not exceed 60%.
If other properties are left vacant for more than six months after delivery, the charging standard of their property service fees shall be separately agreed by the property service enterprise and the owners or users of the property.
Article 18 If the property is not sold, leased or delivered to the property buyer on time due to the reasons of the construction unit, the property service fee shall be paid by the construction unit.
If the property meets the delivery conditions and the buyer fails to handle the delivery procedures within the time limit, the property service fee shall be paid by the buyer from the date when the construction unit notifies the buyer in writing to handle the delivery procedures.
Chapter III Parking Fees for Motor Vehicles
Article 19 The term "motor vehicle parking fee" as mentioned in these Measures refers to the parking fee, parking service fee and parking fee paid by the lessee and user for renting the parking space of the construction unit in the property management area, using the parking space in the garage (field) planned for parking motor vehicles in the property management area, occupying the roads owned by the owner or parking motor vehicles in other public areas.
Twentieth ordinary residential parking lot rental fees and ordinary residential property parking service fees, parking space use fees to implement government guidance prices, other properties of motor vehicle parking fees to implement market-adjusted prices.
Twenty-first owners, property users and other lessees shall pay parking fees when renting parking spaces of construction units.
The rental fee standard for ordinary residential parking spaces shall be agreed between the lessee and the construction unit or the property service enterprise entrusted by it within the scope of government guidance price; The standard of parking space rental fee in other property management areas shall be agreed by the lessee and the construction unit or the property service enterprise entrusted by it.
Twenty-second parking space rental fees charged by the construction unit. If the construction unit entrusts the realty service enterprise to manage and collect the parking space rental fee, it shall sign a written entrustment contract; Without a written entrustment contract, the realty service enterprise shall not charge.
Twenty-third use the property management area to plan the garage (field) for parking motor vehicles, and the property service enterprise shall provide corresponding services, and the parking user shall pay the parking service fee.
The standard of pre-parking service fee for ordinary residential property is agreed by the construction unit and the property service enterprise within the scope of government guidance price; The parking service fee standard of other property management areas shall be agreed by the owners' assembly or owners' committee and the property service enterprise.
If the motor vehicle is not parked in the parking space, the parking service fee will be exempted.
Twenty-fourth occupation of the property management area owners * * * owned roads or other public * * * areas to park motor vehicles, you can charge parking fees.
Ordinary residential property charges parking fees, the specific charges are determined by the property service enterprises within the scope of government guidance; Other property management areas charge parking fees, and the charging standard shall be determined by the owners' congress or the owners' committee authorized by the owners' congress.
Twenty-fifth parking service fees charged by the property services companies, parking fees can be charged by the property services companies.
Long-term use of the parking space in the garage (field) planned for parking motor vehicles within the property management area, or long-term occupation of the parking space on roads or other public areas owned by the owners within the property management area, can charge a monthly parking service fee or parking space use fee; Temporary parking of motor vehicles can be charged by the hour, but parking for less than two hours should be free.
Twenty-sixth motor vehicles entering the property management area to perform emergency rescue, rescue, municipal engineering repair and other official duties, as well as motor vehicles temporarily parked to provide maintenance, installation and goods distribution services for owners and property users, shall not charge motor vehicle parking fees.
Chapter IV Charges for Other Services
Article 27 The term "other service charges" as mentioned in these Measures refers to the services provided by the realty service enterprise to the owners or users of the property and the corresponding charges, as well as other charges involving the realty service enterprise and the owners or users of the property except the realty service fee and the parking fee for motor vehicles.
Twenty-eighth other service charges to implement market-adjusted prices, by the property service enterprises and owners or property users and other relevant units and personnel through consultation; Where the state or province implements government-guided prices or other management measures for other service charges, its provisions shall prevail.
Twenty-ninth the use of property * * * with parts, * * with facilities and equipment for business, it shall obtain the written consent of the relevant owners, owners' congress, property services companies, and go through the relevant formalities according to law.
The realty service enterprise shall, on behalf of the owners, operate the part and facilities of the property, which shall be agreed in the realty service contract.
Thirtieth * * * use of property parts, * * use of facilities and equipment for business income and parking fees and other income funds belong to all owners of * *, and the owners' meeting will decide its use and purpose; Undecided, it is mainly used to supplement special maintenance funds, and can also be used as the activity funds of the owners' committee and owners' congress or to offset the property service fees. The pre-occupied property belongs to ordinary houses, and the proceeds can be used to offset the public service fee of the property first.
The realty service enterprise shall collect and keep the income funds specified in the preceding paragraph on its behalf, and shall not use them for other purposes except deducting the corresponding management fees and taxes. The deduction ratio of management fees shall be determined by the competent price department of the people's government of the city or county (city or district) with districts.
Article 31 Where the owner or user of a property carries out interior decoration of the property and produces construction waste, it shall store it in the place designated by the property service enterprise and bear the removal expenses. The specific charging standard shall be determined by both parties through consultation.
Thirty-second property services companies to implement access management of personnel and motor vehicles, should be free of charge for owners and property users to configure the necessary passes (cards). If it needs to be reissued due to loss or damage, a fee may be charged appropriately.
The realty service enterprise may appropriately charge fees for providing other transportation equipment other than those specified in the preceding paragraph, but it shall be voluntarily selected by the owners and property users, and shall not force the realty service enterprise to charge fees.
Thirty-third property service enterprises can provide special services such as motor vehicle storage and housekeeping services in accordance with the agreement with the owners or property users, and charge corresponding fees. The specific charging standard shall be determined by both parties through consultation according to the service content and service quality.
Thirty-fourth water supply, gas supply, power supply, heating communication, cable TV and other professional business units. Charge the end user according to the service contract signed with the owner.
The realty service enterprise shall accept the fees entrusted by the professional business unit and the sanitation management unit, and shall not charge the owners extra fees such as handling fees, but may collect remuneration from the professional business unit and the sanitation management unit in accordance with the agreement.
Professional business units and sanitation management units shall not force property service enterprises to charge fees, and shall not stop providing services to end users because property service enterprises refuse to charge fees.
Thirty-fifth property * * * parts, * * facilities and equipment within the warranty period, maintenance costs shall be borne by the construction unit; Over the warranty period, the cost of maintenance, renewal and transformation shall be charged through special maintenance funds.
Chapter V Supervision and Administration
Thirty-sixth people's governments at or above the county level shall strengthen the supervision and inspection of property service charges, establish a cost investigation and price monitoring system for property service charges, and promptly investigate and deal with illegal acts of property service charges.
The realty service enterprise shall, in accordance with the requirements of the competent price department, truthfully reflect the situation, provide the necessary account books, documents and other materials, and shall not resort to deceit.
Article 37 The property administrative department of the people's government at or above the county level shall, jointly with the price administrative department and other relevant departments, establish a property service quality evaluation system and a service level dynamic adjustment mechanism, focus on supervision and inspection of property service enterprises with high complaint rate, concentrated problems and substandard services, and take measures such as rectification within a time limit and lowering the charging standard.
The realty service enterprise shall strictly abide by the price laws and regulations, fully perform the realty service contract, and ensure the service quality meets the charging standards.
Thirty-eighth property service charges should be clearly marked. The realty service enterprise shall publicize the enterprise name, service content, service level, charging items, charging methods and starting time, charging standards and basis, telephone number for reporting complaints, etc. In a prominent position in the property management area, accept the supervision of the owners and property users, and shall not charge any unspecified fees to the owners and property users.
Property service enterprises shall collect property service deposits and deposits in accordance with relevant regulations, and shall not collect fees in disguised form by means of deposits and deposits.
Thirty-ninth property services companies collect * * property, * * facilities and equipment operating income, parking fees and other income funds. , should be accounted for separately and independently, and the details of income and expenditure should be publicized in a prominent position in the property management area on a quarterly basis. The publicity time shall not be less than one month.
Article 40 If a realty service enterprise violates the realty service contract and the provisions of these Measures, without authorization, expands the charging scope, raises the charging standard and charges repeatedly, the owner or the property user has the right to refuse to pay.
If the realty service enterprise performs its obligations in accordance with the agreement, the owner or the property user shall pay the realty service fee in full and on time. Failing to pay in accordance with the contract, the owners' committee and the realty service enterprise shall urge them to pay; Refusing to pay, the realty service enterprise can recover according to law through litigation and other means.
Forty-first establish a mediation mechanism for disputes over property service charges. If there is a dispute between the owners, the owners' congress, the owners' committee and the realty service enterprise over the property service charges, they may apply to the competent price department of the people's government at or above the county level for mediation. After receiving the application, the competent price department shall conduct mediation in time.
Forty-second establish a credit management system for property service charges. Property service enterprises that charge beyond the standard, charge in disguised form or provide services below the service level shall be included in the list of untrustworthy enterprises and punished accordingly; Owners or property users who maliciously default on property service fees shall be included in their personal integrity records.
Forty-third establish a complaint handling mechanism for property service charges. Complaints and reports caused by property service charges shall be handled by the price departments of the people's governments at or above the county level and other relevant departments in accordance with their respective responsibilities.
Chapter VI Legal Liability
Forty-fourth acts in violation of the provisions of these measures, laws and regulations have stipulated legal responsibility, from its provisions; If laws and regulations do not stipulate legal responsibilities, they shall be punished in accordance with the provisions of these measures.
Article 45 If, in violation of the provisions of these measures, the realty service enterprise fails to submit the prophase realty service contract or the adjusted realty service charging standard for the record, or fails to publicize the property parts, facilities and equipment income and parking space use fees in accordance with the provisions, the competent price department of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than five thousand yuan but not more than ten thousand yuan shall be imposed.
Article 46 If, in violation of the provisions of these measures, the supporting facilities, equipment, road traffic and green environment fail to meet the standards stipulated in the house sales contract due to the staged development and delivery by the construction unit, resulting in the reduction or exemption of the property service fee, and the construction unit fails to compensate the price difference of the property service enterprise in accordance with the provisions, the competent price department of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 50,000 yuan.
Article 47 If, in violation of the provisions of these measures, the realty service enterprise fails to adjust the charging standard of public realty service in the early stage of ordinary residence in accordance with the prescribed procedures, or fails to use and manage the * * * parts of the property, the income from facilities and equipment and the parking fee in accordance with the provisions, the competent price department of the people's government at or above the county level shall order it to make corrections and impose a fine of more than 50,000 yuan/kloc-0.00 million yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-eighth in violation of the provisions of these measures, the property service enterprises are not equipped with free access cards in accordance with the provisions, and the price departments of the people's governments at or above the county level shall order them to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Forty-ninth in violation of the provisions of these measures, the property service enterprises in any of the following circumstances, the price departments of the people's governments at or above the county level shall be punished in accordance with the provisions of price laws, regulations and rules; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) beyond the floating range of the government guidance price to set the charging standard;
(two) to provide services below the service level standard and collect fees;
(3) Raising the charging standard in disguised form by decomposing charging items, repeating charging and expanding the charging scope;
(four) compulsory or disguised compulsory services and charges;
(five) in violation of the relevant provisions of the deposit, deposit and other forms of disguised charges;
(six) not in accordance with the provisions of the implementation of price tag;
(seven) other acts in violation of price laws, regulations and rules.
Fiftieth in violation of the provisions of these measures, the price department of the people's government at or above the county level and other relevant departments have one of the following acts, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to formulate and adjust the charging standards for property services in accordance with the provisions;
(two) failing to establish a property service quality evaluation system and a service level dynamic adjustment mechanism in accordance with the provisions, and implementing the supervision and management measures for property service charges;
(three) failing to establish a mediation mechanism, a credit management system and a complaint handling mechanism for property service charges in accordance with the regulations;
(four) other dereliction of duty, abuse of power, corruption.
Chapter VII Supplementary Provisions
Fifty-first managers other than property service enterprises provide property services, and their fees shall be implemented with reference to these measures.
Article 52 These Measures shall come into force on July 1 day, 2065.