Whether it’s selling or buy housefractions in horizontal property require additional care. Before signing, there is proof from the building administration that needs to be in order, confirming the situation of the fraction before the condominium and the respective charges. Only after this step does the writing usually move forward.
What is it and when does it apply
The so-called declaration of condominium charges is requested by the owner who intends to sell the fraction and serves to inform the deed or the private authenticated document. The Civil Code, introduced by Law No. 8/2022, defined its existence and usefulness in clear terms.
By covering both confirmation of the non-existence of debt and the breakdown of missing values, the document provides predictability to the parties and reduces subsequent disputes between seller, buyer and building management.
Mandatory content
A mere letter saying that “everything is in order” is not enough. The law requires the identification of all charges in force relating to the fraction, with their nature, amounts and payment deadlines. If there is debt, the nature, amounts and dates of formation and maturity must also be stated.
This precision is essential for the definitive title. With correct and current information, you can avoid withholding values in the deed, requests for supplements at the last minute or refusals to draw up due to lack of information.
Issuance deadline and usual practices
It is the administrator’s responsibility to issue the declaration within a maximum period of 10 days from the condominium owner’s request. It is an express obligation and now consolidated in real estate market practice.
When presenting the document, many notary offices request recognition of the administrator’s signature. It does not result from direct imposition of article 1424-A, but it is often requested to reinforce the authenticity of the paper accompanying the purchase and sale.
Scripture: general rule and possible exception
The Notary Code requires an express reference to the declaration in article 1424-A for the deed or equivalent instrument to be drawn up. Without this mention, the operation may not proceed.
There is, however, an exception: the buyer can waive the declaration and expressly assume any debts of the seller, with this option written in the title. In judicial sales, such as foreclosures or insolvencies, the IRN’s guidance has been to apply the same regime whenever the type of sale requires the legal form of the purchase and sale contract.
Debts, future charges and communication after the sale
As for existing debts, responsibility is determined by the moment in which they should have been paid, unless the purchaser, without making a declaration, accepts in the deed to be responsible for any debts of the seller; As for the future, the charges that fall due after the transfer are the responsibility of the new owner.
Once the deed is concluded, the seller must communicate the sale to the administrator, by registered letter, within a maximum period of 15 days, indicating the name and NIF of the purchaser. Lack of communication can lead to costs of identifying the new owner and liability for late payment charges incurred after the sale.
To reduce friction, it is a good idea to request the declaration in advance, check whether the data matches the minutes and the condominium’s accounting records and, if necessary, request rectification before the date set for the deed.
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