Note

Who pays community fees when buying or selling in Spain

§ 1The rule of thumb

In most sales the seller pays the community fees until the day of the deed and the buyer pays from that day. The contract can adjust this. If the seller has already paid a quarter or a year in advance, the buyer usually reimburses the part that falls after the deed. The split is settled in the contract, and the wider rules are in communities of owners for buyers.

§ 2What the law adds

The law adds a safeguard for the community: the acquirer of a unit answers with the property for the unpaid general expenses of the expired part of the current year and the three previous calendar years. So whatever the contract says between you and the seller, the community can look to the property for those arrears. Your protection is a clear contract and a certificate. See debts to the community when buying explained for the detail.

§ 3Writing the clause

A good clause says that the seller declares that the fees are up to date, that the seller pays any arrears up to the date of the deed, and that the fees for the current period are split by days. It should list any special assessments approved and say who pays them. It can set a retention if the position is not clear at signing. Your lawyer can draft it.

§ 4At the deed

The seller declares in the deed that they are up to date with the general expenses, as the law requires. Ask for the administrator’s certificate, dated close to the signing. Settle any difference in the deed or by a separate payment. The notary records the payment method, and the transfer leaves a trail.

§ 5After the deed

Tell the administrator that you are the new owner, give your address and bank details for direct debit, and ask for the next meeting notice and the minutes. Ask the administrator to record the change in the community’s books. Keep a copy of your confirmation.

§ 6Special assessments

Assessments approved before the deed but payable after it are a frequent source of disagreement. Settle in the contract who pays each instalment. See how derramas work.

§ 7Sale of the unit by you later

When you sell, the same split applies in reverse, so keep your receipts and ask the administrator for a certificate before you sign with a buyer. A clean record speeds up the sale.

§ 8If there is a dispute

If the seller refuses to pay arrears or a share of fees, tell your lawyer. The documents you gathered at the due-diligence stage will be the evidence. A fair split written in the contract is the best way to avoid this stage.

§ 9More on this topic

Community fees explained explains what fees cover and how to read the accounts and how statutes and meetings work explains how the community decides.

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