how to charge for property services? shanxi provincial development and reform commission solicits public opinions
2024-09-25
한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina
shanxi daily new media comprehensive report in order to further strengthen the management of property fees, standardize property service charges, safeguard the legitimate rights and interests of owners and property service companies, and promote the healthy development of the property service industry in our province, the shanxi provincial development and reform commission took the lead in drafting the "notice on further strengthening the management of property service fees (draft for comments)" and is now publicly soliciting public opinions.
relevant units and people from all walks of lifebefore september 30, 2024, log in to the "notices and announcements" column on the homepage of the shanxi provincial development and reform commission's portal website (http://fgw.shanxi.gov.cn/),put forward valuable opinions and suggestions on the "notice on further strengthening the management of property service fees (draft for comments)".please send any related suggestions by email to [email protected]. appendix
notice on further strengthening the management of property service fees
(draft for comments)
in order to implement the deployment requirements of the provincial government's special meeting on "on streamlining the property management system and mechanism to promote the healthy development of the property industry", further strengthen the management of property charges, standardize property service charges, safeguard the legitimate rights and interests of owners and property service companies, and promote the healthy development of the property service industry in our province, in accordance with the relevant provisions of the "civil code", "price law", "property management regulations", "property service charge management measures" and "shanxi pricing catalogue", combined with the actual situation in our province, after research, the following notice is hereby issued on further strengthening the management of property service charges:
1. the property service charges referred to in this notice refer to the fees charged by property service companies to owners or property users for repairing, maintaining and managing the houses and supporting facilities and equipment and related venues within the property management area, and maintaining environmental sanitation and related order within the property management area in accordance with the provisions of the property service contract.
2. property service charges shall be subject to government guidance prices and market-adjusted prices according to the nature and characteristics of different properties.
the pre-construction property service charges for residential areas and affordable housing, which are selected by the construction unit before the property management company is selected by the owners or the owners' meeting, shall be subject to government guidance prices. the price administration department of the municipal people's government shall, together with the housing and construction (housing management) department, propose the corresponding base price and floating range opinions based on the residential property service grade standards and service content announced by the housing and construction (housing management) departments of each municipality, based on the social average cost of property services, and taking into account the local economic development level and the people's ability to bear, and submit them to the municipal people's government for approval. the specific charging standards shall be agreed upon in the property service contract by the construction unit or the owner and the property service company based on the prescribed grade base price and floating range.
after the owners or the owners' meeting select and appoint a property service company, the charges for residential and non-residential property services are subject to market-regulated prices. the charging standards are agreed upon by the owners or construction units and the property service companies in the property service contract.
3. the property service grade standards and grade charging standards should be adjusted in a timely manner and kept relatively stable according to the economic and social development, the development of the property service industry, and the changes in service costs. when formulating and adjusting the property service charging standards that implement government guidance prices, price surveys should be conducted, representative property service companies should be selected to conduct cost audits or cost surveys, and procedures such as soliciting public opinions, legality review, risk assessment, and collective deliberation should be implemented.
4. the composition of property service charges includes property service costs, statutory taxes and reasonable profits. the composition of property service costs generally includes the following parts:
(1) the wages, social insurance and welfare benefits drawn in accordance with regulations of management and service personnel;
(2) daily operation and maintenance expenses of common property parts and common facilities and equipment;
(3) cleaning and sanitation expenses of the property management area;
(4) greening maintenance expenses in the property management area;
(5) expenses for maintaining order in the property management area;
(6) office expenses;
(vii) depreciation of fixed assets of property management enterprises;
(8) insurance costs for common property parts, common facilities and equipment, and public liability;
(ix) other expenses agreed by the owner.
the costs of maintenance, renovation and transformation of common parts and common facilities and equipment of residential buildings, which are paid for through special maintenance funds in accordance with the law, shall not be included in the property service costs.
5. property service charges are calculated monthly based on the property area of the house, and the prepayment period shall not exceed 12 months. if the real estate certificate has been obtained, it shall be calculated based on the building area recorded in the real estate certificate; if it has been sold but has not yet obtained the real estate certificate, it shall be temporarily calculated based on the building area agreed in the commercial housing sales contract. after the real estate certificate is obtained, it shall be settled based on the registered building area, and the excess shall be refunded and the shortage shall be supplemented. the area of storage rooms (basements) and parking spaces (garages) not included in the property area shall not be included in the billing area of property service fees.
6. the owner shall pay the property service fee in accordance with the provisions of the property service contract. if the owner and the property user agree that the property user shall pay the property service fee, the owner shall be jointly and severally liable for payment in accordance with the agreement. for properties that have been completed but not yet sold or handed over to the property buyer, the property service fee shall be paid by the construction unit.
7. for vacant houses that have completed the house delivery procedures but are not occupied or used, cities are encouraged to study and formulate vacant house identification standards and differentiated charging policies based on local conditions, clarify the handling procedures, and stipulate them in the property service contract.
8. elevator operation and maintenance fees belong to the scope of property service charges. they can be considered together when formulating property service charge standards, or they can be formulated separately. each city can determine the specific fees based on local actual conditions. elevator operation and maintenance fees should be differentiated according to different floors and usage conditions, and reasonable price differences should be formulated.
ix. property service companies manage the interior decoration activities of owners or property users in accordance with the "regulations on the management of residential interior decoration". the decoration management service fees collected are within the scope of property service charges and are subject to government guidance price management. the price authorities of the prefecture-level cities will work with the municipal housing and construction (housing management) departments to propose the proposed base price and floating range opinions and submit them to the municipal people's government for approval. the specific charging standards shall be agreed upon by the owners or property users and the property service companies in the decoration management service agreement based on the prescribed base price and floating range.
10. the parking fee for motor vehicles within the property management area shall be implemented in accordance with the relevant provisions of the notice of the shanxi provincial development and reform commission, the shanxi provincial department of housing and urban-rural development, and the shanxi provincial department of transportation on further improving the management of motor vehicle parking fees. the overlapping part of the motor vehicle parking service cost and the property service cost shall be calculated independently and shared in proportion, and shall not be double-counted.
special vehicles such as public security, firefighting, emergency rescue, ambulance, and sanitation vehicles shall be exempted from parking fees when performing official duties within the property management area. cities are encouraged to formulate preferential policies such as free parking time periods for temporary parking of vehicles used by children to visit their parents, parents to visit their children, weddings and funerals, and temporary parking of vehicles used to provide delivery, maintenance, installation and other services to owners and property users, based on actual conditions.
11. property service companies that implement access control for personnel and motor vehicles should provide owners and property users with necessary access permits (cards) free of charge. if a new permit (card) is required due to loss or damage, the property service company may charge an appropriate processing fee based on the production cost.
12. the use and occupation of common areas and common facilities and equipment for advertising, leasing and other business activities shall be decided jointly by the owners. the income shall belong to the owners in common after deducting reasonable costs and shall be mainly used to supplement special maintenance funds. it may also be used in accordance with the decision of the owners' meeting.
the income from the operation of common property parts, common facilities and equipment, and parking space usage fees collected on behalf of property service companies should be recorded in separate accounts and calculated independently, and the details of income and expenditure should be publicly displayed in a prominent place in the property management area.
13. units such as water supply, electricity supply, gas supply, heating supply, communication, and cable television shall bear the responsibility for the maintenance and upkeep of relevant pipelines and facilities and equipment within the property management area in accordance with the law. for end users whose water, electricity, gas, and heating enterprises have not yet directly billed their households, no unit or individual may add other fees to the water, electricity, gas, and heating fees. the operating and maintenance costs of public parts of the property, shared facilities, and supporting facilities shall be solved through property service fees, rents, or public revenues, and service fees shall not be added based on water, electricity, gas, and heating fees.
14. within the property management area, units such as water supply, electricity supply, gas supply, heating supply, communication, and cable tv shall charge relevant fees to end users. if a property service enterprise accepts a commission to collect fees, it may charge a handling fee to the entrusting unit, but shall not charge additional fees such as handling fees to the owner. the owner’s normal use of water, electricity, gas, and heating shall not be restricted or hindered on the grounds of non-payment of property service fees.
15. property service charges shall be clearly marked. property service companies shall publicly display service items, service levels, service contents, billing methods, charging standards, charging basis, and complaint and reporting telephone numbers in prominent locations within the property management area, consciously accept supervision by owners, and shall not charge owners any fees that are not marked and publicized.
16. property service companies shall abide by national laws, regulations and relevant provisions, perform property service contracts, and provide owners with services that match quality and price. they shall not reduce service content or lower service standards in violation of property service contracts. they shall not force services and charge fees in any form, or charge more but provide less services, or charge fees but do not provide services. they shall not increase charging standards in disguised forms by splitting charging items, charging repeatedly, or expanding the scope of charging.
17. housing and urban-rural development (housing management) departments at all levels should strengthen supervision over property service behaviors, urge and guide property service companies to carry out property management activities within the property management area in accordance with contractual agreements and relevant regulations, and be responsible for verifying and rectifying the compliance of property service levels. the owners' committee (property management committee) should promptly understand the opinions and suggestions of the owners (property users), organize the owners to jointly decide on property management matters, supervise and assist property service companies in fulfilling property service contracts, and safeguard the legitimate rights and interests of the owners.
18. market supervision and management departments at all levels should investigate and punish illegal and irregular behaviors in the process of property service charging, such as setting prices in excess of government guidance prices, failure to clearly mark prices in accordance with regulations, price fraud, etc., to maintain normal price order.
19. this notice shall be implemented from the date of (year) month. the notice on standardizing the management of property service fees (jin jia fu zi [2015] no. 122) issued by the shanxi provincial price bureau and the shanxi provincial department of housing and urban-rural development shall be abolished at the same time.
source: shanxi provincial development and reform commission website
