Some time ago, the executive meeting of the State Council adopted the "Guiding Opinions on Planning and Construction of Affordable Housing".
For this reason, the Economic Observer directly called it: "China will promote a new round of housing reform". The industry refers to the document as "Document 14".
According to the plan of "Document No. 14": 6 million affordable housing units will enter the market in the next five years, with an average of 1.2 million units a year. Obviously, the new round of housing reform will have a greater impact on the existing commercial housing market, and the construction speed of affordable housing has become a necessary measure to ensure the healthy and long-term development of the property market.
It is gratifying that at present, under a series of measures, the mainland's property market has basically stabilized, but the problems left over from the high-speed development in the past still need to be solved one by one.
For example, how to deal with the large number of vacant properties and whether these properties should be subject to strata fees.
In recent years, there have been a lot of discussions on the Internet about the "exemption from property fees" for empty houses, and different groups have different views on this, but on this issue, the new regulations have been clear: unified "this" collection! Let's take a look:
01 How many vacant houses are there in the mainland?
For many years, it has been a mystery how many vacant houses there are in the mainland, although there is no specific official data, but from the press conference of the State Council Information Office at the beginning of last year, the data revealed by the Ministry of Housing and Urban-Rural Development is enough to remind everyone that the number of vacant houses in China is not low.
According to the Ministry of Housing and Urban-Rural Development, there are nearly 600 million urban and rural housing buildings and more than 800,000 municipal facilities in the country.
In addition, there are specific data on the mainland that more than 40% of urban households own two or more houses, so it can be predicted that the domestic empty value rate is not low, and the actual result may be beyond the imagination of many of us.
It is also worth noting that in the distribution of vacancy rates, the control rate of third- and fourth-tier cities may be more prominent.
Of course, this is not a result of conjecture, for example, every Chinese New Year, more communities in the third and fourth lines are even handed over for several years, and the lighting rate is still less than 50%, which really causes a great waste of resources.
02 Vacant houses are exempt from property fees?
There are two opinions on whether to pay a property fee for vacant houses.
Some people think that the property service is aimed at the entire community, and will not stop the service to the whole community because a house is vacant, and do not do garbage cleaning work, etc., so even if the house is vacant, the property fee should be paid.
There are also those who believe that the property management company only knows the fee and does not pay attention to the service, so the vacant house should not pay the property fee.
Some owners are dissatisfied with the service attitude of the current property, think that the property does not play its own role, always regard themselves as the "master" of the community, and even restrict the rights of the owner, such a property should not pay property fees.
In fact, such a controversy has existed for many years, and for this reason, the Civil Code Law of the mainland has clarified a new rule: the owner should pay the property fee to the property service provider according to the contract, and whether the property is inhabited should not be a reason for refusing to pay the property fee.
For example, two years ago, the Jiaoling Court in Guangdong Province ruled on a case of "vacant houses" paying property fees, and finally the developer was sentenced to pay 33,800 yuan to the property management company. Because in this case, the developer was sued by the property management company because the house could not be sold and had been vacant......
For the case between the individual and the property: in 2015, after a property owner in Hunan purchased a commercial house and went through the procedures for receiving the house, he had not paid the property fee, and the owner felt that after receiving the house, he had not lived in it and did not enjoy the property service, so he should not have to pay the property fee.
In 2020, the property of the community where the owner is located sued him, demanding that he pay the unpaid property fees, and at the same time bear the liability for breach of contract and pay liquidated damages of tens of thousands of yuan.
In the end, the court ruled that the owner should not only pay the property fee to the property management company in accordance with the property management agreement, but also bear the liquidated damages appropriately.
The trial judge of this case held that "the payment of strata fees is a basic contractual obligation of the owner. ”
The judge explained: property services are public, and its value lies in the improvement of the quality of the entire living environment while satisfying public services, which is ultimately reflected in the service value of individual owners.
The Civil Code also stipulates that if the property service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property management services.
Of course, not all vacant houses in the world have to pay the property fee at full price, and some provinces have different regulations.
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 management service enterprise in writing and pay the vacant property fee at 70% to 90% of the specified or agreed service standards, and the specific proportion shall be formulated by the local price and property management authorities.
Moreover, some areas stipulate that for properties and parking spaces that have not been settled in or used for more than one month, the owners shall apply in writing to the property management service company in advance, and pay 70% of the prescribed standard for motor vehicle parking service fees or management fees such as parking spaces, water, electricity, and sanitation after confirmation. However, the specific proportion shall be determined by the local competent authority.
Of course, it's worth noting that many vacant properties are owned by speculators. If the strata fee requirements for these properties are relaxed, it may encourage them to speculate.
Therefore, we feel that although the house is vacant, as part of the community, it is still necessary to pay the property fee and enjoy the property service, which is a reasonable requirement.
03 Will the non-payment of property fees affect the credit investigation?
This is a problem that many people are more concerned about at present, although arrears of property fees will not directly affect the credit investigation, but the resulting refusal to perform the effective judgment of the court may affect the credit investigation.
1. According to the regulations, it is the obligation of each owner to pay the property fee, and the refusal to pay the property fee not only damages the legitimate rights and interests of the property management company, but also infringes on the rights and interests of other owners who pay the property fee, so the property management company has the right to sue;
2. Once the owner owes the property fee and the shared water and electricity fee, the property committee and the property service company can come to the door to urge the payment or publicize it in a prominent position in the property management area to urge it to pay within the time limit.
3. For those who fail to pay the property fee within the time limit, the property service enterprise may file a lawsuit in accordance with the law. After the lawsuit was passed, once the owner who owed the property fee lost the lawsuit, the court passed a judgment in favor of the property company's claim.
However, if the owner still fails to perform after the judgment takes effect, the property management company can apply to the court for enforcement. If you still refuse to enforce at this time, it is likely to have an impact on the personal credit of the owner who is in arrears of property fees.
Therefore, the arrears of property fees generally do not affect the credit investigation, but once the property fees are owed, then the property company has the right to sue, once the lawsuit is successful, the owner still does not pay the property fees, then there is a high probability that the credit will be reported at this time.
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