According to Article 13 of the Notice of the Ministry of Construction and the Ministry of Finance on Printing and Distributing the Management Measures for Facilities and Equipment Maintenance Funds in Residential Areas (J&F [1998] No.213): "When the owner transfers the ownership of the house, the balance maintenance fund will not be returned and will be transferred with the ownership of the house." It can be seen that after the transfer of second-hand housing property rights, special maintenance funds must go through the transfer procedures according to regulations.

Transfer requires the following materials:

1。 Housing transfer agreement signed by the buyer and the seller (second-hand housing sales contract);

2。 If the above agreement does not include the transfer of maintenance fund, an agreement signed by the buyer and the seller to agree to the transfer of maintenance fund shall be provided;

3。 The original and photocopy of the ID cards of the buyer and the seller (check the original and leave a copy);

4。 Original and photocopy of the special receipt for maintenance fund (the original is transferred out and the copy is kept).

It should be noted that both buyers and sellers should attend the transfer formalities at the same time. If the owner himself cannot be present, the agent shall carry the owner's ID card, agent's ID card and power of attorney. A copy of the agent's ID card and the power of attorney shall be filed in the management department.

The transfer location of maintenance funds is in the district and county management departments of the fund management center.

In addition, the public maintenance fund is a special fund for the maintenance of public facilities and the same parts of the house, and cannot be used to deduct property management fees.

Some buyers who have not paid the public housing maintenance fund need to pay the money again according to 2% of the housing transaction price before it can take effect legally. For the other part of the commercial house built before 1998 and paid the deed tax of the current year, if the public maintenance fund fee has not been paid, the buyer shall pay 2% of the transaction price again.

If the original contract you signed does not clearly stipulate how to deal with the public maintenance fund, there may be disputes in the future.

(1) The owner of the house will renew the public maintenance fund for the customer free of charge.

(2) After negotiation between the buyer and the seller, the customer and the owner shall bear the expenses, that is, the customer shall pay 50% of the maintenance fund expenses paid by the original owner. (3) After negotiation, the buyer and the seller shall pay the fees of the public maintenance fund according to a certain proportion. The proportional formula is (house ownership period-the time difference between the original owner buying the house and selling the house)/house ownership period.

(4) The owner of the house does not agree to distribute the public maintenance fund to the customer free of charge, nor does he want to share the cost with the customer in proportion, so if the buyer buys the house, he must bear the expenses of the public maintenance fund paid by the original owner when buying the house.

Under normal circumstances, the public maintenance fund is generally paid by the owner to the customer free of charge, and there is no need to go through the transfer procedures.