1. If the solar energy fee charged by the developer alone is part of the price of the commercial house, the developer has no right to charge it separately regardless of whether the developer and the buyer have reached an agreement.
2. If the developer and the buyer explicitly agree to collect solar energy fees in addition to the house price, and the agreement does not violate the mandatory provisions of laws and regulations, the agreement is valid and the developer has the right to collect fees separately.
3. The developer and the buyer have not explicitly agreed to collect solar energy fees in addition to the house price, but if the developer requires the buyer to pay solar energy fees separately when delivering the house, the buyer has the right to refuse to pay.
Generally speaking, the price of commercial housing is a price settlement, that is, except for the property management and maintenance fund, all expenses must be included in the price, and no fees can be charged outside the price, otherwise it is a price violation. According to the current regulations, it is illegal for developers to pay additional fees such as the initial installation fee and opening fee of pipeline gas, water and electricity.
Legal basis:
Provisions on clearly marked price of commercial housing sales
essay
The term "clearly marked price" as mentioned in these Provisions refers to the public indication of the price of commercial housing, related charges and other factors affecting the price of commercial housing when commercial housing operators sell commercial housing in accordance with the requirements of these Provisions.
Article 10
Commercial housing operators should express the following factors closely related to the price of commercial housing:
(a) the name of the development enterprise, the pre-sale permit, the nature of the land, the starting and ending years of land use, the name of the building, the location, the floor area ratio, the greening rate and the proportion of parking spaces.
(two) building structure, decoration and water, electricity, gas, heating, communications and other infrastructure.
(3) The sales status, room number, floor, apartment type, floor height, construction area, interior construction area and apportioned construction area of the houses and commercial houses sold in the current period.
(4) preferential discounts and conditions for enjoying preferential discounts.
(5) Other contents stipulated by the provincial price department where the commodity house is located.
Article 13
Commercial housing operators shall not sell commercial housing at a price higher than the marked price, and shall not charge any unspecified fees.