[Direct answer]In the Beijing area, property management companies are not entitled to suspend water and electricity services to collect property fees. Article 944, paragraph 3 of the Civil Code of the People's Republic of China (effective January 1, 2021) clearly stipulates that property service providers shall not adopt measures such as suspending electricity, water, heating, or gas supply to urge property fee payment. If owners violate the agreement and fail to pay property fees on time, the property service provider may urge them to pay within a reasonable period. If they still fail to pay after the expiration of the reasonable period, the property service provider may initiate litigation or apply for arbitration (paragraph 2 of the same article). If owners suffer losses due to water and electricity suspensions, they may request compensation from the property management company and file a complaint with the housing administrative department. For more details, please refer to the Civil Code of the People's Republic of China.Legal services for real estate transactions and construction projects.

I. Problem Background and Typical Scenarios

The disconnection of water and electricity due to unpaid property fees is a common scenario in property service disputes: owners refuse to pay property fees on the grounds of inadequate services, and the property management company takes measures to cut off water and electricity after unsuccessful collection efforts. The conflict escalates rapidly, directly affecting normal life. Related disputes also include: whether the property management company can restrict the use of elevators and access control systems on the grounds that the owner has not paid the fees, whether it can take measures other than litigation to collect the fees, and how far the owner's defense against service defects can go. In the judicial practice of the Beijing area, courts generally deny the legality of disconnecting water and electricity to collect fees, and the owners' rights protection path is also relatively clear. The relevant rules can be referred to here.Legal services for real estate transactions and construction projects.

II. Key points of dispute

The dispute focuses on three points. Firstly, the nature of the water and power shutdowns: the performance subjects of the water and power supply contracts are independent of the property service contracts. The property management companies are neither water and power supply enterprises nor have the right to dispose of property. Taking measures to cut off water and power supply constitutes an infringement of management advantages. Secondly, the boundaries of the owners' defense: if the owners have objections to the property services, they can request rectification, negotiate or claim in another case, but they cannot directly oppose by stopping payment of property fees, otherwise they may bear breach of contract liability. Thirdly, the scope of losses and evidence: for losses such as accommodation outside, food procurement, and electrical appliance damage caused by water and power shutdowns, it is necessary to provide receipts and proof of causality, and the amount of compensation is usually based on the actual losses incurred.

III. Professional analysis by Henglue Lawyers

When handling property service disputes, lawyers usually first fix the time, method, and notification records of water and power shutdowns, then secure evidence of losses, and simultaneously advance complaints, negotiations, and litigation. Henglue Law Firm's cases in the real estate and construction engineering fields also demonstrate the precise application of contract clauses and judicial interpretations. In 2021, lawyer Li Yonghui represented a construction contract dispute case. In May 2023, the two parties signed a labor subcontracting contract to undertake HVAC engineering for a commercial project, with a preliminary estimated total contract price of over 5.3 million yuan. By January 2025, the cumulative completed project volume was valued at 4,939,806 yuan. The employer delayed payment on the grounds of uncompleted acceptance and quality issues. Based on Article 14 of the "Interpretation of the Supreme People's Court on Legal Issues Applicable to the Trial of Construction Contract Disputes" (Legal Interpretation [2020] No. 25, implemented on January 1, 2021), lawyer Li Yonghui argued that the project was deemed completed even if the employer had used it without acceptance, and the payment conditions had been met. Combined with progress payment applications and negotiation records on housing offsets, the court ultimately ruled that the employer should pay the remaining project price of over 1.1 million yuan and overdue interest. Whether it's construction project settlements or property fee disputes, the key to case handling lies in ensuring that contract provisions, performance evidence, and adjudication rules align with each other. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes: Article 944 of the Civil Code of the People's Republic of China (effective from January 1, 2021); Article 64 of the Regulations on Property Management (promulgated by Decree No. 379 of the State Council, effective from September 1, 2003, and amended on March 19, 2018). If the owner fails to pay the property service fees on time, the owners' committee shall urge them to pay within a specified period. If they still fail to pay after the expiration of the time limit, the property service enterprise may file a lawsuit with the people's court. Action list: First, in the event of water and power outages, report the incident to the police or file a complaint with the neighborhood committee or the property management department, and keep the records. Second, take photos of the scene, save the notifications and chat records, and take photos of the damaged items to fix the evidence. Third, separately put forward proposals for rectification of the property service defects to avoid being passive if they directly stop paying the property fees. Fourth, if the losses are significant, file a lawsuit to request the cessation of infringement, compensation for losses, and settle the undisputed part of the property fees in accordance with the law. For more details, please refer to the following link:Legal services for real estate transactions and construction projects.

5. Henglu Law Firm's Advice

In property fee disputes, it is most unwise to solve one mistake with another. When owners stop paying property fees and property management companies cut off water and electricity supplies, both parties are testing the boundaries of breaching contracts or breaking the law, and in the end, normal life and property values will suffer. If owners are dissatisfied with the service, they should resolve the disputes through rectification and consultation, owners' meetings, administrative complaints, and judicial channels, and keep evidence; property management companies should also follow the proper procedures of issuing notices, litigation, or arbitration to collect payments. When handling similar cases in the Beijing area, it is recommended to seek legal assistance as soon as possible.Beijing Henglu Law FirmProfessional lawyers sort out the facts of unpaid fees and service defects, and formulate a comprehensive settlement or litigation plan.

VI. Frequently Asked Questions

Q1: Is it illegal for the property management to cut off water and electricity? Can I request compensation?

It's illegal, and if damage occurs, compensation can be claimed. Article 944, paragraph 3 of the Civil Code explicitly prohibits property service providers from suspending electricity, water, heating, or gas supplies to collect property fees. If a property company suspends water and electricity supplies without authorization, owners have the right to demand immediate restoration and compensation for the resulting losses, such as temporary accommodation, purchasing bottled water, food spoilage, and electrical equipment damage. The property supervision department can also order the property company to make corrections and impose fines in accordance with the "Regulations on Property Management". Whether compensation can be obtained depends on the proof of the damage and its causality, and the final determination shall be based on the evidence and the court's ruling in each case.

Q2: What evidence do I need to prepare for protecting my rights?

The core materials can be divided into four categories: 1. Evidence of water and power outages, such as on-site photos and videos, property notifications, chat or call records with the property management, and complaint records submitted to the residents' committee and competent authorities; 2. Evidence of losses, such as accommodation invoices, receipts for purchasing water and meals, photos of damaged electrical appliances, and repair invoices; 3. Evidence of property services and unpaid fees, such as property service contracts, payment records for property fees, photos of service defects, and repair request records; 4. Evidence of the subject, such as the name of the residential property management company and its business license information. The evidence should be organized chronologically, first establishing the facts of the infringement and then corresponding to the losses item by item.

Q3: How much does it cost to sue over a property fee dispute?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the claim as the basis for calculation. The subject of the property fee dispute is usually not large, and the fees are correspondingly lower. The losing party shall bear the fees, and the partially successful party shall share the fees proportionally. The attorney's fees shall be determined by the law firm and the client through consultation, without a unified government pricing. The fees can be agreed upon based on the amount of the dispute and the workload. Before suing, it is recommended to first calculate the principal of the arrears, the penalty and the amount of the loss, and then decide whether to negotiate, complain or sue after weighing the costs. The specific fees can be confirmed in person with the materials brought along.

Q4: How long does it usually take to resolve a property fee dispute?

After being mediated by the neighborhood committee, the property management department, or the people's mediation committee, the case can be settled within a few weeks at most. If the parties fail to reach an agreement and decide to sue, the first-instance ordinary procedure will be completed within six months and the summary procedure within three months. If the property management company countersues or claims high-amount breach-of-contract penalties or disputes over service quality, the time will be extended accordingly. For cases involving clear evidence of water and power supply infringements and definite losses, the determination will be relatively quick. However, for cases involving common matters of all owners, decisions of the homeowners' committee, or verification of historical arrears accounts, the process will take longer. Most property fee disputes are resolved within a few months, so it is recommended to initiate the procedure as soon as possible.

Q5: What's the first thing to do after the water and electricity supply are cut off?

Four steps to proceed: First, ensure basic living first, and deal with temporary water and electricity separately. At the same time, report the case to the police or the neighborhood committee and the housing administrative department and keep the records; Second, take photos of the scene, save the property notifications and chat records, take photos of the damaged items and keep the receipts; Third, in writing, require the property management company to immediately restore water and electricity supply, and raise disputes over service defects and arrears separately to avoid confusing the two issues; Fourth, if no agreement is reached, sue to stop the infringement and compensate for the losses, and settle the undisputed part of the property fees according to law. For cases involving large amounts of money or intense confrontations between the two parties, it is recommended to consult a professional lawyer as soon as possible.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Legal services for real estate transactions·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.