Note

Derrama in Spain: special assessments in a community of owners

§ 1What it is

A derrama is a special charge to owners to pay for costs beyond the ordinary budget. The community decides the amount and the instalments by vote, and each owner pays according to their quota. Buyers meet derramas mainly in older buildings, where repairs are due, and in buildings where maintenance has been postponed. This page belongs to the chapter in the basics of communities of owners.

§ 2When works are mandatory

The law says that works necessary for the proper maintenance of the building are mandatory for the community. That covers repairs that keep the building safe, sound and habitable. Other works, such as improvements, may need a larger vote and may not bind all owners in the same way. The distinction matters because it decides whether a minority can be forced to pay.

§ 3A new mandatory case

A law in force since 23 October 2026 (Law 4/2026) makes some accessibility works mandatory for a community when a resident with a disability or over seventy asks, within a cost cap of twelve monthly fees a year after public aid. We read the amended article in the consolidated text; the detail of the cap comes from press. Ask the administrator about any request.

§ 4Before you buy

Ask the administrator for the minutes of the last meetings, the reports on the state of the building, the inspection described in the due diligence chapter, and the budget. Look for approved works, quotes obtained, loans taken by the community and any discussion of facade, roof, lift or structure. Ask the seller to declare in writing that no assessment has been approved other than those disclosed.

§ 5The contract

If an assessment has been approved, the contract should say who pays which instalment. A common solution is that the seller pays the instalments due before the deed and the buyer those due after, with a price adjustment where the buyer takes over a large share. If an assessment is likely but not yet voted, consider a price discussion or a retention. Your lawyer can draft.

§ 6The debt rule

Unpaid general expenses of the expired part of the current year and the three previous calendar years can be claimed from the buyer of the unit. If an assessment qualifies as such an expense and is unpaid at the deed, it falls within the rule. See how debts to the community when buying works for the way to protect yourself.

§ 7Decisions about works

For works that are not mandatory, the vote needed depends on the type of work. Improvements that add services or change the common parts need larger majorities than repairs. Ask your lawyer if the community proposes something that affects your unit, and note the time limit to challenge a decision.

§ 8Budget for repairs

Even if no derrama is pending, an older building will need major repairs at some point. Ask how old the roof, facade and lift are, and when they were last renewed. Keep a personal reserve in addition to the community’s. The size of the reserve fund is covered in how community fees work.

§ 9After you buy

Attend the meetings or give a proxy, read the minutes, and vote. Decisions about works are made by the owners, and an absent owner is bound by the vote. The rules for the meetings are explained in the rules on statutes and meetings.

§ 10More on this topic

Who pays the community fees explains the split between buyer and seller.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.