When there is a derrama

A derrama usually pays for works. Works for the upkeep, safety, habitability and accessibility of the building are compulsory and, under article 10 of Spain's Horizontal Property Act, do not need a prior vote of the owners' meeting. Improvements, on the other hand, are voted on with the majorities in article 17, which vary with the type of work.

The association also has a reserve fund, which the act sets at no less than 10 % of its last ordinary budget. If the fund does not cover a job, the association turns to a derrama.

Who pays if you buy

Article 17 of the act says levies to pay for improvements are borne by whoever owns the property when they fall due, even if they were approved earlier. If you buy a flat with an approved derrama still pending, it may fall to you: ask about it and agree in writing in the contract who pays.

Separately, article 9 makes the buyer answerable, with the flat itself, for the fees the seller owes the association for the elapsed part of the year of purchase and the three previous years. That is why, when selling, the owner must declare whether they are up to date and provide the debt certificate from the secretary, countersigned by the president; without it the deed is not executed, unless the buyer expressly waives it.

What the HOUSINGFAX report tells you

The report does not see the association's minutes, but it tells you which works may be coming. Check 01, «Building condition assessment», looks for the building inspection registered in the Valencian Community, the Basque Country and Madrid and shows you its result and, where the register publishes them, the defects by element with their repair deadline. A defect with a short deadline may signal works and, with them, a derrama.

Look through the sample report and check your home for free.

What to ask for separately

Ask the seller or the property manager for the debt certificate, the minutes of the last meetings and any approved or proposed works budget. The report sums up what public records say and does not replace an on-site technical inspection of the building. It is not legal advice.

Short answers

Is paying a derrama compulsory?

Yes, if the owners' meeting approved it or if it pays for upkeep works, which are compulsory without a prior vote. Each owner pays according to their ownership quota.

Who pays a derrama approved before the sale?

Under article 17 of the Horizontal Property Act, levies for improvements are paid by whoever owns the flat when they fall due. Ask about any approved ones and agree in the contract who takes them on.

Am I liable for the seller's debts to the association?

With the flat itself, for the general-expense fees of the elapsed part of the year of purchase and the three previous years. Ask for the debt certificate before you sign.

How do I know if a derrama is coming?

Read the minutes of the last meetings, ask the property manager about approved or proposed works and see whether the building inspection recorded defects with a repair deadline.

Official sources you can consult

The links let you review the primary source. Their inclusion does not widen their purpose or turn a piece of context into a diagnosis.