Investment approach
The previous owner's unpaid community fees: who pays after you buy
Some of the fees the previous owner left unpaid to the comunidad de propietarios pass to the new owner along with the property. Get the no-debt certificate before the purchase.
Some of what the seller owes the comunidad de propietarios (the owners' association) can end up with the buyer. Unpaid community fees are attached to the property itself, and the association can claim them from the new owner. What protects you is a debt certificate obtained before the purchase, together with the minutes of the general meetings.
The debt follows the property, not just the person
In Catalonia, Barcelona included, this is governed not by the state Ley de Propiedad Horizontal but by the Catalan Codi civil de Catalunya (Book Five, art. 553-5): the property answers to the association for unpaid fees — the part of the current year already accrued, plus the four calendar years before it. That is a year longer than the LPH gives outside Catalonia, where the period is shorter, at three previous years. The new owner can be asked to pay the previous owner's arrears, even though they had nothing to do with running them up.
The certificate that takes the risk away
Before the escritura is signed, the seller must provide a certificado de deudas: a certificate from the association's administrator stating whether the property has any outstanding debts. The notary will normally ask for it when the deed is executed. The buyer is entitled to insist on seeing the certificate earlier, before the arras is signed, so that any debt can be taken into account in the price.
Debts the certificate does not show yet
The certificate only covers fees that have already been charged. If the association has already approved a major future expense (a derrama), such as facade repairs following the ITE building inspection, those payments may land on the new owner after the purchase. So ask for the minutes of the most recent general meetings along with the certificate: they show which expenses have been approved but not yet divided among the owners.
How we check this in DNPI projects
The debt certificate and the meeting minutes are part of our standard checks on a property before any deposit is paid. We cover the mandatory costs that follow an ITE in a separate article, and the full list of checks is in our piece on due diligence.
Questions and answers
If a debt comes to light after the purchase, can I claim it back from the seller?
In theory, yes: you can bring a recourse claim against the seller. But that is a separate court case with an uncertain outcome, so it is safer to find the debt before the purchase and withhold that amount from the price.
Who issues the certificate confirming there are no debts?
The association's administrator. Under Catalan rules (Codi civil de Catalunya, art. 553-5.2), if a professional handles the administration, the president's countersignature is not required. The seller usually requests it, but the buyer is entitled to demand the certificate before the purchase.