Special levies (derramas), lifts, facades and building works

Key rules

• Who pays a derrama: The community claims from whoever owns the flat when each instalment falls due.
• Unpaid debt: A buyer and the property answer for unpaid community fees of the current year and the three previous years.
• Lift vote: Installing a lift needs three-fifths of the owners, unless the law makes the works mandatory.
• Accessibility limit: Requested accessibility works are mandatory up to 12 ordinary monthly fees after subsidies.

What extra charges to expect

Buildings in Spain can bring large one-off bills: a derrama for a roof or facade, a new lift, accessibility works, or a mandatory inspection. Most of these are foreseeable. The rules on who votes, who pays and when are fairly standard, so ask about them before you buy.

How a derrama is approved

The majority depends on the works:

• Ordinary maintenance and necessary repairs need a simple majority of the owners' meeting.
• Innovations, such as installing a lift, need three-fifths.
• Works that the law makes mandatory need only a simple majority, even if they would otherwise count as innovations.

Once approved, each owner pays according to their quota (their share of the building). The agreement sets the total, the amounts and the dates of the instalments. If an owner does not pay, the community can sue through a fast court procedure for unpaid debts.

Buying a flat with a derrama already approved

The community looks to whoever owns the flat when each instalment falls due. So if a derrama was approved before you buy but an instalment falls due after completion, you are the one the community can pursue. The property also answers for unpaid community fees of the current year and the three previous years.

Between you and the seller, the contract decides. A common clause makes the seller pay instalments for works approved before the sale date, or lowers the price instead. Without a clause, the community still claims from the owner at the due date. Before signing, read the minutes of recent owners' meetings and ask for the clause in writing. The choices are laid out in the decision below.

Lifts and ground-floor owners

A lift is a shared structure, so ground-floor owners generally have to pay for installing it, unless the community's statutes expressly exempt them. If the statutes are silent, courts have tended to make them pay, sometimes with a reduced share where they gain no benefit.

There is one route out. If you did not agree to a new service and it is not mandatory, you can be exempt from paying for it. Mandatory accessibility works must be paid by everyone. Read the statutes of the building before you buy a ground-floor flat or a commercial unit.

Accessibility works

Accessibility works become mandatory, with no vote needed, when an owner with a disability, or an owner over 70, living in the building asks for them. This applies if the cost, after subsidies, does not exceed 12 ordinary monthly fees. If the works cost more, the community does not have to cover the excess. The owners who requested them pay it.

Public subsidies for these works are run by the regional governments and often by town halls, and they vary by region. Ask your town hall what is open before the community votes.

Periodic building inspections

Older buildings must have a periodic inspection by a qualified technician, filed with the town hall or region. The owners' community pays for it. National rules set a building evaluation report for buildings over 50 years old. Some regions and towns use an older inspection, often at 30 to 50 years. The report also covers accessibility and energy efficiency, and it can lead to repair works and a derrama.

The age threshold and the deadlines differ by region and town. Ask your town hall or regional housing department for the building's date, and ask the seller whether the inspection is done and what it found.

Before you buy: what to ask

• Minutes of the last few owners' meetings, for approved or planned works.
• Whether any derrama instalments are still to fall due.
• Whether the building's inspection is done or due.
• Whether a lift or accessibility work is planned.
• The community statutes, especially any ground-floor exemption.
• A certificate showing no unpaid community fees.

Choosing between options

Who pays a derrama approved before you buy but due after completion?

• You pay it as the new owner: Nothing in the sale contract says otherwise: the community looks to whoever owns the flat on the due date.

• The price is adjusted: You and the seller agree a lower price to cover the approved works instead of splitting instalments.

The community always claims from the owner on the due date, so any other split must be written into the sale contract. Ask for the minutes of meetings approving works before you sign.

Frequently asked questions

Do I have to pay for a lift if I live on the ground floor?

Yes, as a ground-floor owner you generally have to pay for a lift, because it is a shared part of the building, unless your community's statutes expressly exempt you. If the lift is not mandatory and you did not agree to it, you can be exempt. Mandatory accessibility works must still be paid.

Can a neighbour force the community to install accessibility works?

Yes, if an owner with a disability or over 70 who lives in the building asks, the works are mandatory and need no vote, provided the cost after subsidies does not exceed 12 ordinary monthly fees. Above that, the owners who requested the works pay the excess. Subsidies vary by region, so ask your town hall.

Which majority is needed to approve a derrama?

It depends on the works: ordinary maintenance and necessary works need a simple majority. Innovations such as a new lift need three-fifths of owners, but works the law makes mandatory only need a simple majority.

How often does a building need a periodic inspection?

The age at which a building needs its inspection depends on your region and town council, often between 30 and 50 years, and the national report applies to buildings over 50 years old. Ask the council or regional housing department for the date. The community pays for it.