Four things you didn’t know about the Community of Owners debt certificate

9 April, 2024
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Real Estate
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Neus Vallara


Both the Horizontal Property Law and the Civil Code of Catalonia establish that, in the public deed by which a property belonging to a horizontal property regime is transferred, the transferor must declare being up to date with the payment of the general expenses of the community of owners or specify the ones owed. This declaration must be accompanied by a certificate from the Community confirming this. In this article, we analyze the key points of this certificate, both from the perspective of the Civil Code and from the perspective of the Civil Code of Catalonia.

It is possible to authorize the deed of purchase without the debt certificate from the Community of Owners, although it is not advisable.

The general rule is that the Notary cannot authorize the deed without the submission of this debt certificate. However, the Horizontal Property Law provides for the possibility for the buyer to exempt the seller from providing it. On the other hand, the Civil Code of Catalonia establishes waiver by the parties as a form of exoneration, as if it were a mutual agreement. Since potential debts have a real burden on the property for which the new owner may be liable, it is not recommended for the buyer to exempt the seller from providing it.

Who should issue the debt certificate from the Community of Owners?

For the certificate to meet legal requirements, it must be issued by the Secretary of the Community with the approval of the President. However, under the Civil Code of Catalonia, when the functions of the Secretary are carried out by a professional, such as a property administrator, the approval of the Presidency is not required.

It should be noted that there are some Notaries who, upon detecting that the certificate does not contain the approval of the President, require the buyer to exempt the seller from providing it, as they consider that including a document that does not meet the minimum legal requirements should be equated with exempting its provision.

What is the deadline for the Secretary of the Community to issue the certificate?

The Horizontal Property Law establishes a maximum period of 7 calendar days from the request. It also provides that the Secretary and President will be responsible, in case of fault or negligence, for the accuracy of the information provided and for the damages caused by any delay in its issuance. On the other hand, the Civil Code of Catalonia is more concise in this regard and does not establish any legal deadline for issuance or any specific liability for the Secretary and the President in case of negligence.

What is the content of the debt certificate from the Community of Owners?

The recommendation is to request that the certificate include as much information as possible, regarding both general expenses, extraordinary contributions, or any other circumstances that may affect the new buyer. The Horizontal Property Law only refers in a general way to “general expenses,” understanding that these correspond to expenses for conservation and maintenance, repairs, improvements, and rehabilitation. On the other hand, the Civil Code of Catalonia refers to common, ordinary, and extraordinary expenses, as well as contributions to the reserve fund approved but pending maturity. This more explicit wording in the Civil Code of Catalonia provides greater protection for the buyer since more economic information about the community’s financial situation prevents future surprises.

In conclusion, to ensure greater legal security in the transfer of a property, it is important to understand the requirements that the community debt certificate must meet, which the seller has the obligation to obtain.

At MES Advocats, we offer comprehensive advice and support in the acquisition of all types of properties, whether you are the seller or the buyer. If you need more information or are interested in obtaining a quote, you can contact our real estate law department through this link.

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CertificatePurchaseCommunity of ownersHorizontal PropertyTransmission

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