The community will hire property to manage, and the community work needs a workplace. So can this property be controlled at will? I will answer the following questions for you: Can the property right house be rented out? Can the property right house be counted as the owner's pool area? How to pay property tax for property management houses? I hope it helps you.
1. Can the property be rented?
No, because this is a special room for office accommodation in residential property, and it cannot be rented without authorization. Moreover, it is clearly stipulated that if a house is to be rented, it must be approved by all the owners. Renting or changing the use without authorization will be warned and fined, and other public areas of the community cannot be used without authorization.
Second, is the property used as the owner's pool area?
Not exactly. The pool area of the house is calculated according to the building, and only the public area serving the building can participate in the pool calculation. Therefore, the office space of the owners' committee, the office space of the property management company and the community club serving the whole community cannot be counted as the shared area of the owners.
At present, the country has no clear legal provisions on the pool area. Every building is different in this respect because of its own situation. According to the current operating experience of the real estate market, the allocation coefficient of ordinary multi-storey houses is 10%- 15% without underground equipment room, bottom shops and overhead floors. The allocation coefficient of small high-rise residential buildings with elevators is between 17%-20%; High-rise residential buildings are relatively higher.
Shared public building area = sharing coefficient × interior building area. Conversely, pool coefficient = pool area ÷ interior area, interior area = building area-pool area.
It should be noted that the allocation coefficient is not calculated by a single household, but by dividing the public building area of the whole building by the sum of all indoor areas of the whole building. The public construction area of the whole building refers to the construction area of the whole building minus the sum of all sets (units) of the whole building, and minus the construction areas of basements, carports and civil air defense projects that have been sold or rented as independent use space. Each set (unit) is multiplied by the public building area sharing coefficient, which is the public building area that buyers should share reasonably.
Third, does the property management room need to handle property rights?
Property management houses belong to the public supporting nature of the management area, and their property rights belong to all owners. Property management house refers to the house built in accordance with the relevant provisions of real estate development and construction, which is handed over by the development and construction unit to the owners' collective who purchase the house according to the construction cost, and is used as the house of the property management office, and the staff is responsible for the custody and custody of tools and materials.
According to the provisions of Article 30 of the Property Management Regulations, the construction unit shall allocate the necessary property management houses in the property management area according to the regulations.
Article 34 The owners' committee shall sign a written realty service contract with the realty service enterprise selected by the owners' congress, and the realty service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, management and use of special maintenance funds, property management premises, contract term, liability for breach of contract, etc.
Thirty-seventh, the ownership of the property management room belongs to the owners according to law, without the consent of the owners' meeting, the property service enterprise shall not change the use of the property management room.
Third, how to pay property tax for property management houses
(1) According to the Notice of State Taxation Administration of The People's Republic of China, Ministry of Finance of People's Republic of China (PRC) on Relevant Policies of Property Tax and Urban Land Use Tax (Caishui [2006] 186), the property tax is paid by the trustee or user of the operating property owned by the owner who actually operates (including self-operated and leased) in the residential area.
(2) The residual value of the self-employed after deducting 10% to 30% from the original value of the property is evaluated. If there is no original value of the property or the original value of the property owned by the owner cannot be accurately distinguished from other properties, the local tax authorities where the property is located shall verify the original value of the property with reference to similar property; Rental, according to the rental income.
The above is the legal knowledge about whether the property management house can be rented by myself. If the residents of the residential area find that the property management house is rented by the property management company, they can report it to the owners' meeting according to the actual situation, and all the owners will negotiate how to deal with it.