Judging the whole building, not just your flat

Terms used

• Derrama — A derrama is a special charge the owners share to pay for repairs or works not covered by regular community fees.
• Actas — The actas are the written minutes of the community of owners' meetings, showing decisions on works and charges.
• ITE — The ITE is a technical inspection of an older building's condition, required by the town or region.
• IEE — The IEE is a building evaluation report that covers condition and, in many places, accessibility and energy use.
• Certificado de deudas — The certificado de deudas is a certificate stating whether an owner owes community fees or pending derramas.
• Cuota de participación — The cuota de participación is each owner's percentage share of the community's costs.
• Bajantes — The bajantes are the vertical drainage stacks shared by the flats in a building.

Key rules

• Shared repairs: Facade, roof, lift and shared pipe repairs are paid by the owners together, often through a derrama.
• Buyer's debt: If you buy, you answer for the flat's unpaid community debts from the current year and the previous three.
• Tenants: As a tenant you cannot demand the minutes, and you do not normally pay a derrama unless your contract says so.
• Inspection result: A desfavorable ITE or IEE result means the owners must repair the defects by a deadline.

Why the building matters as much as the flat

A perfect flat in a failing building can cost you thousands of euros. Facade, roof, lift and shared pipes are repaired by the whole community of owners. The bill is split between owners, and a big repair is often raised as a derrama. Spend as much time on the building as on the flat.

What to look at on the building

Walk around the outside and the shared areas before you view the flat.

• Facade and balconies: diagonal cracks, especially at window corners, loose render or tiles, bulging, and rusty stains or exposed bars in the concrete. Netting or scaffolding to protect pedestrians usually means a facade problem. Look for cracked balconies and rusting railings.
• Roof: damp stains on top-floor ceilings, broken tiles, standing water on flat roofs, damaged chimneys, and fibrocement (asbestos) sheets in older buildings.
• Entrance and stairwell: damp, peeling paint, worn stairs, poor lighting, old or open electrical panels, a broken intercom. Cracks or sagging floors are worse.
• Lift: a missing lift in a building of several floors is a comfort problem and a likely future cost. If there is a lift, check for a current inspection sticker, jerky movement and a very small cabin.
• Garage, basement and patios: damp or crumbling concrete.

Shared pipes

In older blocks (roughly built before 1990), shared pipes fail often. They are paid for by the community, not by one owner.

• Drainage stacks (bajantes): they corrode, crack or clog. Look for stains on bathroom and kitchen walls and ceilings, bad smells and noise.
• Water risers: old galvanised steel gives rusty or brown water, low pressure and leaks.
• Main drains under the ground floor: damp and blockages on the lowest level.
• Shared electrics, gas and telecoms wiring: old or overloaded wiring means trips and fire risk.

Warning signs are recurring stains, rusty water, neighbours replacing pipes and repeated plumber visits in the minutes. Old pipe materials in the meter room tell the same story. Replacing a stack can mean work inside private flats. Costs vary with the size and region of the building, but can reach thousands of euros per flat.

Find out about approved and planned works

Ask for the paperwork. Each source shows something different.

• The administrator or president: they hold the actas (minutes), which show approved works and derramas. Ask for the last few.
• The seller: ask for the ITE or IEE inspection report, budgets for upcoming works and receipts for past works.
• The town hall or regional register: they can tell you whether the building has passed its ITE or IEE.

The documents list below shows what to request.

Reading the inspection result

An ITE or IEE result is either favourable or desfavorable. Favourable means no serious defects, at most minor recommendations. Sometimes a favourable result has conditions and needs a new inspection.

A desfavorable result lists the defects and how urgent they are. Owners must repair them by a deadline set by the town or region. Urgent safety work comes first, with other work over months or a few years. The community pays through fees or a derrama, split by each owner's share (cuota de participación). Skipping the inspection or the works can bring fines or works ordered by the town hall at the owners' expense. Deadlines and penalties differ by region. Public grants for works are sometimes available.

If you buy

The buyer is responsible for unpaid community debts of the current year and the previous three. The certificado de deudas shows whether the seller owes fees or pending derramas. The seller normally requests it, with the president's approval, and the notary will want it at the sale. Ask to see it before you commit. Also check whether works already approved are paid or still to be charged.

If you rent

As a tenant you have no right to see the minutes or the community finances. Your landlord can share them, so ask. Tenants do not normally pay a derrama unless the contract says so. Extraordinary works are normally the owner's cost. Check the contract wording on community expenses before you sign. Even so, building works bring noise, scaffolding and sometimes loss of the lift, so the building's condition still affects your comfort.

What to do with what you find

Use the decision below once you have the inspection result and the minutes. Large pending works are a reason to ask for a lower price, or to ask who pays. Serious unfunded defects are a reason to walk away.

Choosing between options

What do you do after reading the building's inspection result and the minutes?

• Go ahead with the purchase or rental: The inspection is favourable and the minutes show no approved or planned levies.

• Negotiate the price or ask who pays: The inspection lists deficiencies or works are planned, and the repairs are not done yet.

• Walk away: Urgent safety works are due, the costs are large and nobody can say who will pay.

The more urgent the listed defects and the larger the approved or expected levies, the more you should push for a lower price or look elsewhere.

Documents you need

• Community debt certificate (certificado de deudas): it states whether the seller owes community fees or pending derramas. The administrator issues it with the president's approval, and the seller or notary normally requests it.

• Recent minutes (actas) of owners' meetings: they show approved works and levies. The administrator or president holds them, and the seller can pass them on.

• Building inspection report (ITE or IEE): it lists the building's defects and their urgency. Ask the seller for it, or check the status with the town hall or regional register.

• Budgets for upcoming works and receipts for past works: the seller can hand these over to show what the community has spent or plans to spend.

Checklist

• Look at the facade for diagonal cracks, especially at window corners, loose render or tiles, and rusty bars showing through concrete.

• Check balconies for cracks, rusting railings and flaking underside.

• Look for netting or scaffolding that protects pedestrians, which suggests a facade problem.

• Inspect the entrance and stairwell for damp, worn stairs, poor lighting, open electrical panels and a broken intercom.

• Check the lift for a valid inspection sticker, jerky movement and a very small cabin. If a tall building has no lift, expect accessibility costs later.

• Check the garage, basement and patios for damp or crumbling concrete.

• Ask whether the building has passed its ITE or IEE inspection, and ask for the result if it has not come out favourable.

What to watch out for

• Failing shared pipes: Old drainage stacks (bajantes), rusty water risers and ageing shared wiring can leak or fail. Repairs are shared among owners by their share of the building, often through a derrama, and can run to thousands of euros per flat. Stack replacement may also mean works inside your flat. Look for recurring damp stains, rusty water and old pipes in the meter room, and read the minutes for repeated plumber visits or planned works.

• Unfavourable inspection result: If the building's inspection (ITE or IEE) lists deficiencies, the owners must repair them within the set deadline. Ignoring it can bring fines, works done by the town hall at the owners' cost, and loss of grants. Ask for the report and the repair deadlines, and find out who pays before you buy.

Frequently asked questions

Can a tenant see the community minutes?

No, a tenant has no right to see the community minutes or finances, because they belong to the owners. Your landlord can choose to share them. Ask for them before you sign.

Does a tenant pay a special levy (derrama)?

Usually no, a tenant does not pay a derrama unless the contract says so. Ordinary running costs can be passed to the tenant by contract, but extraordinary works are normally the owner's cost. Read this clause before signing.

Do I pay the community debts of the seller when I buy a flat?

Yes, as a buyer you answer for unpaid community debts of the current year and the previous three years. This is why you should ask for the community debt certificate (certificado de deudas) before the sale.

What happens if the building fails its inspection?

The owners must make the repairs within the deadline set for the building, and urgent safety works come first.