How to inform the community that you have sold your flat and which transfer date is best to make clear

Why you should inform the community of the sale as soon as possible

When you sell your flat, the owners’ association does not find out automatically from the deed or the handover of the keys. The Horizontal Property Act requires the owner to notify the change of ownership to whoever performs the duties of secretary, by any means that provides proof of receipt. The law also makes clear that, if that notification is not made, the transferor may remain liable for debts with the community arising after the transfer, jointly and severally with the new owner. In practice, this means that a simple delay in notifying them can create very avoidable problems.

The legal basis is in article 9.1.i of the LPH, which states literally: "**Notify whoever performs the duties of secretary of the community, by any means that allows proof of receipt, of the change in ownership of the dwelling or premises. Anyone who fails to comply with this obligation will continue to be liable for debts with the community arising after the transfer, jointly and severally with the new owner**". The same article adds an important exception: that liability does not apply when any of the governing bodies has become aware of the change of ownership by any other means or by conclusive acts of the new owner, or when the transfer is notorious. LPH, art. 9.1.i

Which date you should notify: the signing, the handover or possession

One of the most frequent doubts is which date should be stated when notifying the sale. The practical answer is that it is advisable to distinguish between three different moments:

1. **Date of signing the deed**: this is normally the moment when ownership is transferred, unless the deed states otherwise.

2. **Date of handover of the keys or possession**: this may be later than the signing if that has been agreed.

3. **Date of actual occupation**: this may coincide with, or differ from, the above.

What matters for the community is that you put in writing the **transfer date** that has taken place in your transaction and, if different, the date from which the new owner assumes the relationship with the community. If the deed signing and the handover do not coincide, it is not advisable to assume that the community will interpret this correctly without an express notification.

In addition, the LPH itself protects the community when the owner changes: article 9.1.i links the notification to the change of ownership, not to an informal or verbal formula. Therefore, even if you have already handed over the keys, the prudent course is to send the notice as soon as the deed is signed or, if there is a different agreement, as soon as the transfer is effectively completed between the parties.

How to draft the notification to avoid mistakes

The safest approach is to send a short, clear and verifiable written notice to the secretary or the administrator of the community, leaving proof of receipt. There is no need for a long document, but it should include the essential details.

### Recommended steps

1. **Identify the property**: full address, entrance, floor, letter and, if you have it to hand, the community’s internal reference.

2. **Identify the transferor and the buyer**: full name and identification document.

3. **State the transfer date**: specify whether this is the date of signing the deed or another agreed date.

4. **Ask for the contact details to be updated**: if applicable, state the address or email for notifications of the new owner.

5. **Request confirmation of receipt**: so that there is proof that the community has been informed.

### Draft wording example

"I hereby notify you of the change of ownership of the dwelling located at [full address], transferred to [buyer’s name] on [transfer date]. Please update the community records for notification and payment purposes from that date onwards. I remain at your disposal for any clarification."

If you want to close the matter properly, you can send this notification together with a copy of the deed or proof of the transfer. It is not always essential to attach documentation, but it is advisable if you want to reduce any doubt about the exact date.

What documents it is advisable to keep

The community may claim debts if outstanding amounts linked to the property appear. For that reason, in addition to notifying the sale, it is advisable to keep evidence of everything you send and receive.

Keep, at least:

1. **A copy of the notification sent**.

2. **Proof of delivery or receipt**.

3. **The exact transfer date** shown in the deed or in the applicable private agreement.

4. **A certificate of outstanding debts** if one has been issued for the transaction.

Here it is important to distinguish between two aspects. On the one hand, the relationship between seller and community; on the other, the relationship between seller and buyer. The LPH governs liability towards the community, but does not replace what you may have agreed with the buyer in the deed. If the contract sets out who assumes certain charges or extraordinary assessments, that governs the internal relationship between you, even though the community may apply its own debt recovery rules.

Common mistakes when notifying the community that you have sold the flat

There are some very common errors that you should avoid:

- **Notifying only verbally** to the chair or the neighbour next door. That is not enough.

- **Not specifying the transfer date** and allowing the community to continue treating the flat as if it were still yours.

- **Forgetting to ask for proof of receipt**. If a debt later arises, it will be harder to prove that you notified them.

- **Thinking that the deed on its own tells them everything**. It does not replace the notification to the secretary provided for in the LPH.

- **Not checking direct debits or outstanding instalments** after the sale. If they continue to be charged, regularising the situation can become complicated.

When there may be exceptions or reasonable doubts

The law itself introduces nuances. If the community already knows about the change of ownership by other means, or if the transfer is notorious, the lack of formal notification may not produce the same consequence. But that exception is not a strategy in your favour, because it can later be difficult to prove that prior knowledge.

Nor is a sale with immediate handover the same as a sale with deferred possession. If you sign today but hand over later, it is advisable to state expressly which date is relevant for the community and, if appropriate, from which date the buyer assumes the ordinary relationship with the property. If there is a tenant, co-ownership, an unresolved inheritance or a sale with special conditions, even greater caution is required.

What to do step by step after selling

1. Prepare a simple written notification.

2. Send it to the secretary or administrator with proof of receipt.

3. State the transfer date without ambiguity.

4. If you think it necessary, include a copy of the deed or the document proving the sale.

5. Keep the reply or acknowledgement of receipt.

6. Check that charges or notices linked to the flat stop being sent to you.

If you would like an indicative valuation of your home before or after the sale, you can use UBICASA’s online valuation service, which provides an estimated range and PDF report, with an optional visit. And if you need help reviewing the notification to the community or coordinating the handover of the keys, you can contact our team via Contact. The UBICASA office is at Calle Montesa 29, Madrid, Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.

This text is general guidance based on the LPH in force on the date indicated for checking. If your transfer has special agreements, outstanding charges or exceptional circumstances, it is advisable to review the specific case before sending the notification.