Apartment, townhouse, villa or finca: what each means in Spain

Terms used

• Cuota — The cuota is your percentage share of a building's common parts, which sets how much of the shared costs you pay.
• Urbanización — An urbanización is a residential development with shared facilities such as roads, pools and green areas.
• Comunidad de propietarios — The comunidad de propietarios is the community of owners that manages shared parts and collects fees from each owner.
• Entidad urbanística de conservación — An entidad urbanística de conservación is a compulsory body, created by planning rules, that maintains a development's shared areas.
• Suelo urbano — Suelo urbano is land with services inside the town plan, where homes can be built with a licence.
• Suelo rústico — Suelo rústico is protected or agricultural land where building is limited by regional planning laws.
• Fuera de ordenación — Fuera de ordenación describes a building that does not fit current planning rules, which limits what you can do with it.
• Certificado urbanístico — The certificado urbanístico is a town hall document stating whether a plot is urban or rustic and what can be built.

Key rules

• Debts: Unpaid community fees for the current year and the previous three years stay with the property and become your problem as buyer.
• Land status: Rustic land limits what you can build and use, so confirm the status before you pay.
• Mortgage: Banks often refuse or reduce a mortgage on a home on rustic land.
• Local rules: Planning and regularisation rules differ by region and town, so get local advice.

The short version

In a flat you own your unit and a share of the building. In a townhouse or villa you own the house and its plot, but you may still share roads, pools and costs. A finca is usually rustic land, where building and use are restricted. The land's status often matters more than the type of house.

Flat (piso)

You own your unit privately. You also own a share (cuota) of the common parts, such as the structure, stairs and roof. The cuota sets how much of the community's costs you pay.

You pay community fees and your share of major works. Before buying, ask about the community's rules, any unpaid fees and planned works.

Townhouse (adosado)

An adosado is a separate house that shares party walls with its neighbours. It often has its own plot. It is often part of a community of owners, which can include a shared pool and roads. Then you own your house and plot, and you share the common areas and their costs.

Check the boundaries, any pool, and whether extensions are licensed and registered.

Villa (chalet)

A villa is a detached house on its own plot. It can also sit inside an urbanización, a development with shared facilities. If it does, you own the house and plot and pay towards the shared parts.

Check the same points as for an adosado: boundaries, pool, planning licences and unregistered extensions.

Shared costs in an urbanización

Roads, pools, green areas and lighting are run either by a comunidad de propietarios or by an entidad urbanística de conservación. The second is a compulsory upkeep body that comes from planning rules. Either way, you pay in proportion to your share. The annual meeting sets the amount.

Fees vary widely. They run from tens of euros a month for basic upkeep to several hundred for developments with pools, security and gardens.

Debts stay with the property. As a buyer you are liable for the current year's unpaid fees and those of the previous three years. Ask the seller for a certificate of no debt before you sign. The community can chase arrears through a fast court procedure (monitorio) and put an owner on a debtors list.

Finca and rustic land

A finca is a rural property or country estate, usually on suelo rústico. Land status decides what you can do with it.

• Suelo urbano is land with services inside the town plan. You can build homes on it with a licence.
• Suelo rústico (also called no urbanizable) is protected or agricultural land. Regional planning laws limit building. Usually only farm buildings, or one home linked to farming, are allowed, and there are minimum plot sizes.

This changes your rights and costs in practical ways:

• Many homes on rustic land have no licence, or are in legal limbo (fuera de ordenación). You may be unable to extend or rebuild them.
• Banks often refuse a mortgage on such a property, or lend less.
• Electricity, water and insurance can be harder to get. Check access to the land too.
• Rules and time limits for regularising illegal works differ by region. Andalucía, Valencia and Catalonia each have their own regime.

What to do before buying

Ask the town hall for a certificado urbanístico to see whether the land is urban or rustic. Get a nota simple from the property registry and compare it with what is actually built. Planning rules are set by region and town hall, so have a local lawyer or architect confirm before you pay anything. The documents and warnings below cover the details.

Documents you need

• Certificate of no debt from the community of owners, which the seller must obtain, showing no unpaid fees for the current year or the previous three years.

• Planning certificate (certificado urbanístico) from the town hall, showing whether the land is urban or rustic and what can be built or used on it. This matters most for a finca or any house outside a town.

• Registry extract (nota simple) from the property registry, to compare what is registered with what actually stands on the plot.

What to watch out for

• Homes on rustic land may be unlicensed: On rustic land (suelo rústico), usually only farm buildings or one farm-linked dwelling are allowed. Many homes there have no licence or sit in legal limbo (fuera de ordenación), and banks often refuse or cut mortgages on them. Get a planning certificate from the town hall, check the registry, and have a local lawyer or architect confirm the status before you pay anything.

• Illegal buildings and extensions: Fincas, villas and adosados (terraced houses) often have unregistered extensions, pools or buildings without planning licence. Rules and time limits for regularising them differ by region, for example Andalucía, Valencia and Catalonia each have their own regimes. Compare the registry and the town hall records with what you see on the plot, and ask a local architect what can be regularised.

• Land access, water and electricity: A finca may lack legal access, water or electricity supply, and utility contracts and insurance can be harder to obtain. Ask the seller to show working supply contracts and written proof of access before you commit.

Frequently asked questions

Who pays the unpaid community fees if I buy a property with debts?

You can end up paying the current year's unpaid community fees and those of the previous three years, because they attach to the property. Ask the seller for a certificate of no debt from the community before you sign.

How much are community fees in an urbanización?

Fees run from tens of euros a month for basic upkeep to several hundred for properties with a pool, security and gardens. They are split in proportion to your share and set at the annual owners' meeting. Shared roads, pools and lighting are run either by a community of owners or by a compulsory upkeep body called an entidad urbanística de conservación.

Will a bank give me a mortgage on a house on rustic land?

Banks often refuse a mortgage or lend less on a house on rustic land, especially if it has no licence or is in legal limbo. Utility contracts and insurance can also be harder to get. Ask the town hall for a planning certificate (certificado urbanístico) and check the registry before you commit.