Who pays the community fees in the month of sale?

Legal basis: debts to the community

The Horizontal Property Act (LPH) regulates liability for debts owed to the owners' community. Unpaid fees can create problems when selling because the buyer wants certainty that they will not inherit prior debts beyond what the law permits in specific scenarios. Check Article 9 and its provisions with your community and advisor.

Pro-rata division for the month of sale

As with IBI or utilities, standard practice is:

• Seller: community fees for the days or months up to the sale.
• Buyer: from the transfer date until the end of the month or financial year, as agreed.

If payments are quarterly or annual, the division is calculated on the fee for that period, not literally just for "the month". Record this in a private contract or a settlement sheet attached to the public deed.

Debt certificate and special assessments

The administrator can issue a certificate detailing the seller's debts. In mortgage-financed transactions, the bank usually requires it. If there is an approved special assessment pending payment, negotiate whether the seller covers it entirely or if it is split pro rata according to statutes and agreements.

Special assessments and building works

A special assessment approved before the sale but due at a later date can be negotiated between the parties. The decisive factor is the date the agreement was adopted and what is stipulated in the contract. Do not use generic clauses without reading the minutes of the owners' meeting.

Relationship with the land registry extract

The land registry extract does not replace the community certificate: they are distinct documents. Gather both as part of your initial listing checklist.

For general documentation required when selling, consult documents required to sell a property.

Buyer: what to verify

1. An up-to-date debt certificate.
2. Recent minutes showing approved special assessments.
3. A written agreement on the pro-rata division for the month of purchase.
4. The status of the reserve fund if you are negotiating a price adjustment.

Seller: avoiding surprises

Request a statement of account from the administrator well in advance. Settle any unpaid amounts before the deposit agreement to avoid losing buyers during due diligence.

IBI and utilities in the same settlement statement

Many contracts include a single settlement statement: community fees, IBI, water, gas and refuse collection fees prorated together. Using the same cut-off date for all expenses prevents disputes.

Property with an active tenancy

If you are selling with a tenant in place, check whether the landlord paid the fee as part of the rent or separately. The pro-rata split with the buyer does not override agreements with the tenant until a contract novation or tenancy end.

Seller defaults from previous years

Clearing historical debts before signing the deposit agreement protects the negotiated price. The buyer may request a retention at the notary until a clear certificate is issued.

Property administrator

Get in touch early: in August or December many management firms face tight deadlines for issuing certificates. Request a completion month settlement statement if the administrator provides one.

Garage space and storage room in a separate community

If annexes have a separate fee, split each element pro rata or check whether they are sold together with the home. The land registry extract and the certificate must cover all registered properties being transferred.

New build and community in formation

In newly completed buildings, the owners' community may still be forming. Inquire about provisional fees and extra costs for completing common areas.

Recent owners' meeting

If a fee increase was agreed right before selling, the buyer may ask whether it applies in full from the month of purchase. Transparency regarding minutes prevents post-sale claims.

Sale with a mortgage: bank perspective

The buyer's lender usually requires a clear debt certificate from the seller. An unpaid community bill can delay final approval even if the deposit agreement was signed months ago.

Commercial premises and residential units with different fees

In mixed-use buildings, verify that the certificate details the specific property registry entry. A residential buyer should not assume debts associated with the seller's commercial unit if it is not being transferred.

Next step

Agreed community fees and IBI in a single expense settlement document minimise post-sale friction.

At Sky Real Estate, we coordinate schedules and paperwork for property sales. Explore our property sales and marketing services.

Guidance content only. Please verify with the LPH, community statutes and administrator's certificate.