Community Charges Recoverable for Tenants in Spain

Bills & charges (HOA, property tax, utilities) 3 min read · published September 11, 2025
If you are a tenant in Spain, understanding which community charges are recoverable can make a difference in your budget and in the relationship with the landlord. This article clearly explains which concepts can be charged to the tenant, how to distinguish ordinary from extraordinary expenses, who must pay taxes or IBI when applicable and what steps to take if you disagree with a charge. We also describe deadlines, useful documentation and official resources to file a claim or go to court if necessary. If you pay supplies or community fees, this article will help you know your rights and obligations and act confidently.

Which community charges are recoverable?

The basic rules on leases and cost allocation set out which concepts can be charged to the tenant in housing contracts in Spain.[1] Generally, recoverable items are ordinary expenses approved by the community and the common services provided to the flat.

  • Ordinary maintenance and cleaning expenses of common areas.
  • Periodic community fees approved at the assembly.
  • Common services such as elevator, concierge or lighting.
  • Prorated community supply expenses among owners.
In many cases, fees approved at the assembly can be passed on to the tenant if the contract allows it.

Which charges are usually not recoverable?

Extraordinary repair expenses that improve the building are usually not recoverable, nor are personal taxes of the owner unless expressly agreed. In cases of contract interpretation doubts, the Civil Code applies.[2]

  • Extraordinary rehabilitation or improvement works.
  • Fines and penalties imposed on the owner for their own breaches.
  • Costs clearly associated with ownership rather than use.
Always check your contract to see which expenses the tenant expressly accepts.

How they are calculated and who pays

Allocation is usually done by the ownership coefficient approved in the community; the contract may agree another formula. IBI and waste tax are usually the responsibility of the owner unless the lease expressly states otherwise.[1] If you are charged for an unfamiliar item, request the breakdown and the community minutes.

  • Always request the detailed receipt or invoice.
  • Keep the assembly minutes that approve the fees.
  • Request the participation coefficient to verify the proration.
Documenting charges and keeping evidence makes it easier to successfully claim in a dispute.

If you believe a charge is improper, first make a written complaint to the landlord or the community and gather evidence. If there is no response, you can file a claim through the courts or a small claims procedure at the Court of First Instance; for procedures and forms consult official resources.[3]

Always send written notices and keep delivery receipts.

Frequently Asked Questions

Can the landlord charge me community fees?
It depends on the terms agreed in the contract; without an express agreement, ordinary fees may be passed on if the contract or applicable law provides for it.[1]
Who pays the IBI?
Normally the IBI corresponds to the owner, unless the contract expressly agrees otherwise.[2]
What should I do if I disagree with a charge?
Request documentation, make a written claim and, if necessary, file a lawsuit at the Court of First Instance or seek free legal assistance if you meet the requirements.[3]

How to

  1. Gather contracts, community minutes and receipts.
  2. Send a written request to the landlord or managing agent.
  3. If there is no resolution, file a claim at the Court of First Instance.
  4. Seek legal assistance or public advisory services if you need support.

Key takeaways

  • Keep all documentation related to charges.
  • Review your lease and the community minutes before paying new items.
  • Act in writing and within deadlines to preserve your rights.

Help and Resources

  1. [1] BOE - Consolidated text of Law 29/1994, on Urban Leases
  2. [2] BOE - Consolidated text of the Civil Code
  3. [3] Ministry of Justice - Information and forms

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Spain

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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