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Community of owners: debts, ITE and derramas to check before you buy
Buy an apartment and you join its community of owners — including, sometimes, its debts and its upcoming bills. Here is what to verify.
You buy into the community, not just the flat
Any apartment, townhouse or property in a shared development belongs to a comunidad de propietarios governed by the Horizontal Property Law. As the new owner you inherit its rules, its finances and — if you are not careful — its unpaid bills.
Community debt follows the property
Unpaid community charges attach to the property for the current year and the preceding years set by law, which means an unwary buyer can end up paying a previous owner's arrears. Before completion we obtain a certificate from the administrator confirming the seller is up to date — and we do not complete without it.
The building's health: ITE/IEE
Older buildings must pass a periodic technical inspection (ITE/IEE). A failed or overdue inspection can mean major works are coming. We read the latest report so you know whether the building is sound or facing expensive repairs.
Derramas: the bills not yet paid
A derrama is a special levy for works beyond the normal budget — a new lift, roof repairs, façade works. Crucially, an approved derrama can become your bill even if the work happens after you buy. We read the recent minutes (actas) to catch any approved or looming levy before you commit.
And the rules themselves
The statutes may restrict tourist letting, pets, or commercial use. If short-term letting is part of your plan, the community rules can make or break it. Apartment markets like Fuengirola, Torremolinos, Benalmádena and the Almería resorts are where these checks matter most.
This guide is general information, not legal advice for your specific case, and tax and planning rules in Spain change frequently. For advice on a particular property, get in touch for a free consultation.
