What a derrama is and why it matters to a buyer
In Spain, every flat in a block belongs to a comunidad de propietarios, an owners' association that pays for the common parts. A derrama is a special levy: an extraordinary payment the owners' meeting shares out among the flats, according to each flat's share, for works or costs the monthly fee does not cover, such as the façade, the roof, the lift or the drainage stacks. If one is already approved when you buy, the Horizontal Property Act puts levies for improvements on «whoever owns the flat when» each payment falls due (article 17, rule 11).
In other words, something voted before the sale may end up being paid by the buyer if the instalments fall due after the deed. That makes derramas a price issue, not just a building issue. This guide explains where to find them, what to ask and how to put it in writing. It is not legal advice: for your specific case, ask an independent lawyer or the property manager.
[1]Who pays levies approved before the sale
The law has two parts. For improvements, whoever owns the flat when each amount falls due pays it (article 17, rule 11). For necessary conservation, safety or accessibility works, the flat is bound to the payment on the same terms as general expenses (article 10.2.c), and the buyer is liable, up to the value of the flat itself, for what previous owners owe for the current year and the three previous calendar years (article 9.1.e).
In practice, who pays each instalment depends above all on what seller and buyer agree. It is common to agree that levies approved before the arras (the private deposit contract) are borne by the seller, or taken off the price, but this does not happen automatically: it has to be in the contract. Towards the owners' association, the agreement does not change who the liable owner is; between the two of you, it says who reimburses whom.
[1][2]The certificate of debts: what it proves and what it does not
When signing the deed, the seller must declare that they are up to date with the owners' association, or state what they owe, and provide a certificate of the debts; without it the notary will not authorise the deed unless the buyer expressly waives it (article 9.1.e). It is issued by the association's secretary, often the property manager, countersigned by the president, within seven calendar days of the request.
That certificate covers debts, not future works: an approved derrama whose instalments have not yet fallen due may not appear as a debt. The nota simple, the Land Registry extract, does not help either, since it describes the property, the owner and the registered charges. Ask the property manager to state in the certificate, or in a separate note, any approved levies still to be collected and their schedule, and do not waive it.
[1][3]The reserve fund: a 10 % minimum
Every owners' association must keep a reserve fund for conservation, repair and refurbishment works, and for certain accessibility and energy efficiency works. The law says it can never be less than 10 % of the latest ordinary budget (article 9.1.f), and the fund belongs to the association, not to individual owners: when a flat is sold, the seller's share is not paid back.
For a buyer, it is a barometer. A fund below the minimum, or emptied by a recent repair, suggests the next works will be paid by derrama. A healthy fund absorbs surprises. Ask how much is in it, what the latest budget was and whether the fund has been used in the last two years.
[1]How to read the owners' meeting minutes
Resolutions of the owners' meeting (junta de propietarios) are recorded in a minutes book, and each set of minutes must state at least the date, the agenda and the resolutions adopted, among other details (article 19). The property manager keeps the association's documents available to owners (article 20), so the seller can ask for copies of the minutes of the last three to five years.
What to look for: agenda items such as «fachada» (façade), «cubierta» (roof), «ascensor» (lift), «bajantes» (drainage stacks), «inspección», «presupuesto» (budget) or «derrama»; in the resolutions, amounts, number of instalments and due dates; and issues postponed meeting after meeting, which tend to end in works. Also note lawsuits with neighbours or the builder and repeated complaints about damp or leaks. A translator can help if the minutes are long.
[1]An unfavourable building inspection: works nobody votes on
The building inspection (ITE or IEE in Spanish) is the periodic check in which a technician lists the defects in the common areas and the deadline to repair them. In the Valencian Community, for example, the building assessment is compulsory for residential buildings over 50 years old and valid for 10 years from online filing. An unfavourable result does not mean the building is about to collapse; it means there is work to be done.
Those works are needed to meet the duty of conservation, and the law treats them as compulsory: the owners' meeting does not decide whether to do them, only how to share the derrama and the payment terms (article 10.2.a). A recent unfavourable inspection with no works done is therefore one of the clearest signs of upcoming levies, even before they appear in any minutes.
[1][4]What the HOUSINGFAX report can flag in advance
The HOUSINGFAX report brings together 22 checks on official sources, and the first is the building's condition. Where there is a public inspection register the report consults, in the Valencian Community, the Basque Country and Madrid, it shows the date, result and validity of the latest inspection; in the Valencian Community it also lists each element's defects with their deadline, urgent or medium term, which are the works most likely to become a derrama. Outside those registers it says so, and the Catastro year of construction indicates what to review.
What it does not do: it does not read the minutes, check debts or know about agreed levies, which depend on the property manager. Start with the free report, which shows the traffic-light rating of each check with your building's data; the registered inspection is shown in full in the Complete report (€19), and the Essential report (€11) covers the other checks. As a PDF within minutes, in English, one-off payment, no account needed.
[4]What to ask the property manager
Questions worth asking in writing, through the seller while you are not yet an owner: are there approved derramas still to be collected, for how much and on what schedule? Are works being studied or quotes requested for the next meeting? What is this flat's ordinary fee and has it gone up in recent years? How much is in the reserve fund and what was the latest budget?
Also: is the building inspection up to date and which defects remain to be repaired? Are there open lawsuits or insurance claims? Does any owner owe large sums the association will have to claim? And remember that after buying, the change of owner must be notified to the association's secretary: if the seller does not do so, they remain jointly liable with the buyer for later debts (article 9.1.i).
[1]How to put it in writing in the arras
The arras is the first commitment involving money, and with a penitential arras contract pulling out costs the buyer the deposit, or the seller twice the deposit (article 1454 of the Civil Code). If a derrama surfaces after signing, negotiating becomes much harder, so the levy clause belongs in the arras, not in the deed.
What is usually included: a statement by the seller on approved levies and known works; who pays each one, or the price reduction; withholding an amount at the deed if instalments are pending; and what happens if an undeclared levy appears before completion. An independent lawyer or the notary should review the exact wording, in a language you understand.
[2]Limits
This page summarises what the law says and what is worth asking, but it is not legal advice: each owners' association has its own statutes and resolutions, and a lawyer or the property manager is the person who can tell you how the rules apply to your case. Nor does the HOUSINGFAX report replace an on-site technical inspection of the building: it summarises what the records say.
If something has no answer, note it as pending. An association that will not show its minutes, or a property manager who does not reply before the arras, is a reason to wait or to agree a written condition.
[1][2]Short answers
Who pays a derrama approved before the flat is sold?
For improvement works, the Spanish Horizontal Property Act places it on whoever owns the flat when each instalment falls due (article 17, rule 11), so the buyer may end up paying if instalments fall due after completion. In practice, buyer and seller agree who bears it or take it off the price. Put that agreement in writing in the arras contract rather than waiting for the deed.
Does the nota simple show the owners' association's derramas?
No. The nota simple from the Land Registry describes the property, its owner and registered charges such as mortgages or attachments. Agreed levies appear in the minutes of the owners' meetings, and debts with the association in the secretary's or property manager's certificate, which the seller must provide at completion unless the buyer expressly waives it.
Is the reserve fund refunded to the seller?
No. The reserve fund belongs to the owners' association, not to each owner, so the seller does not get their share back. The Horizontal Property Act requires it to stay at or above 10 % of the latest ordinary budget (article 9.1.f). For a buyer it is a useful signal: a low or recently spent fund usually means the next repair will be paid through a derrama.
Can owners vote against works required by the building inspection?
They cannot decide that the works will not happen. Works needed for conservation, safety or accessibility are compulsory under article 10 of the Horizontal Property Act: the owners' meeting only decides how the derrama is shared and when it is paid. That is why a recent unfavourable inspection with no works done is a clear sign of upcoming levies, even before any minutes mention them.
Can I see the minutes before I own the flat?
The property manager keeps the minutes and other records available to the owners (article 20 of the Horizontal Property Act). As a buyer, ask for them through the seller, ideally covering the last three to five years. If they are not provided before you sign the arras, that is a reason to wait or to agree a written condition in the contract.
Sources you can consult
These references let you review the primary context. Their presence does not turn a source of context into a diagnosis.
- Horizontal Property Act 49/1960, articles 9, 10, 17, 19 and 20 — BOE (Official State Gazette)Official source verified on 30 September 2026.
- Spanish Civil Code, article 1454 (arras) — BOE (Official State Gazette)Official source verified on 30 September 2026.
- Spanish Association of Land Registrars — What a nota simple or a certificate containsOfficial source verified on 30 September 2026.
- Generalitat Valenciana — Building assessment report for residential buildings (IEEV.CV)Official source verified on 30 September 2026.
Prudent next step
Organise the available information without jumping to conclusions
The private flow separates evidence, gaps and limits. It does not confirm materials or determine the safety of the building.
Start preliminary check