If my IBI, Basura or Community of Owners  invoices are still in the previous owner’s name, am I liable to pay them?

Yes, you are. By law, failure to pay Community fees or council rates are considered debts construed as preferential charges on the property this means that if the seller has run up debts, the new property owner will then be liable.

A competent lawyer will have these debts checked out to ensure payment or will withhold, the amount pending the amount pending from the purchase price.

The procedures in case of unpaid charges are:

IBI/BASURA: Legal action begins after the first 2 unpaid IBI or Basura bills (depending on municipality) and if no action is taken, the property is sold in at auction. The new buyer is liable for this taxes if the previous years have not been paid.

Community of Owners fees: in this case, the process is really fast. If community administration decides to proceed against the new owner, a notification on the notice board in the common area of the building or on the notice board of the community administration office will be enough to proceed with the seizure of the property and sale at public auction.