Who pays the extraordinary charges when selling a flat? What to check before the deposit agreement

The key rule: not every extraordinary charge is paid in the same way

When a flat is sold, the important question is not only whether an extraordinary charge exists, but what kind of charge it is and when it becomes payable. The Horizontal Property Act expressly distinguishes extraordinary charges for improvements. Under article 17.11, "the extraordinary charges for the payment of improvements carried out or to be carried out in the property shall be borne by whoever is the owner at the time the sums allocated to the payment of those improvements become payable".

This matters for two reasons:

1. It should not be applied generally to all extraordinary charges or to all repairs.

2. The legal key is not only who was the owner when the work was approved, but who is the owner when the amount falls due.

What to check before signing the deposit agreement

If you are selling, it is advisable to review the residents' association documentation before closing the deposit agreement. In particular, these three points:

1. Minutes of the residents' association: to see whether the extraordinary charge was approved as an improvement, whether a payment schedule was set and whether the agreement was properly adopted.

2. Payment schedule: because article 17.11 links payment to the moment it becomes payable. If there are several instalments, part may fall due before the sale and part afterwards.

3. Nature of the agreement: an improvement is not the same as routine maintenance or another communal expense. The law itself provides that, in the event of disagreement over the nature of the works, the Owners' Meeting will decide what is appropriate, and those concerned may also request arbitration or a technical opinion.

A common mistake is to sign a deposit agreement without setting out in writing whether the price includes or excludes the outstanding extraordinary charge. That does not alter the obligation towards the residents' association, but it can avoid disputes between buyer and seller.

What happens if the deposit agreement says who pays it

Here it is important to distinguish between two levels:

- Internal relationship between buyer and seller: you can agree in the deposit agreement or in the deed who assumes a specific amount, how it is deducted from the price or whether the seller pays it in advance.

- Relationship with the residents' association: the private agreement does not alter the obligation towards the residents' association if the law assigns payment to the owner at the time it becomes payable.

In other words: even if you agree a different financial split in the private contract, the residents' association may proceed against whoever is liable under article 17.11. Afterwards, between buyer and seller, what you signed will apply.

Practical steps to avoid surprises

1. Ask the administrator or chair for a copy of the minutes where the extraordinary charge and its schedule are recorded.

2. Check whether it is an improvement or another type of expense. Do not assume all extraordinary charges work in the same way.

3. Review the due dates for each instalment. In a sale, that date may be decisive.

4. Include a clear clause in the deposit agreement on who assumes each outstanding amount.

5. Keep all the documentation in case you later need to justify the financial split.

Useful advice

- If the extraordinary charge is not yet payable, do not assume that the person who signed the original agreement will pay it.

- If it is already payable before the sale, consider whether it is worth settling it or deducting it from the price.

- If there is doubt about whether the work is an improvement or a repair, do not close the split without reviewing the minutes and, if appropriate, seeking a technical or legal clarification.

Mistakes to avoid

- Confusing approval of the extraordinary charge with the amount becoming payable.

- Thinking that the buyer always takes on the outstanding extraordinary charge.

- Signing a deposit agreement without checking the minutes and due dates.

- Believing that a private agreement alone changes the obligation towards the residents' association.

If you want to assess the sale with that cost in mind

Before putting the flat on the market, it can be useful to have a price guide and see how the outstanding extraordinary charge fits into the transaction. At UBICASA you can request an online indicative valuation, which includes a range and PDF report, with an optional visit. It is not an official valuation, but it can help you prepare the negotiation.

If you would prefer to discuss your case in more detail, you can write to us via contact. In matters of extraordinary charges, a prior review avoids surprises in the deposit agreement and makes it easier to set out a clear split between the parties.

The guidance above is general and does not replace an individual review of the community agreement, the payment schedule and the exact wording of the deposit agreement.