Community fees of business premises in Spain

Every owners’ community has statutes related to expenses, repairs, participation fees, etc., as well as the obligations of the business premises in the community.

Contribution of the premises to community expenses

The business establishment is obliged to pay the community fees in the same way that is required from any other registered property, regardless if the business forms a part of the owners’ community. This is laid down in Article 9.1.e) of the Horizontal Property Act, referring to the obligations of owners, that provides: To contribute to the general expenses for the proper maintenance of the property, their services, loads and responsibilities, which are not liable to an individual, according to the participation quota determined on the title deed or to what has been specially determined.

Therefore, each owner of the property must pay all fees to obtain proper maintenance of their corresponding property. Under this regulation, and despite the fact that the business establishments do not use the stairs, elevators, cleaning, etc., they must equally pay their corresponding fee.

Exceptions

Notwithstanding the above, it is possible for some owners to be exempt from certain fees. For example, the owners of business premises with independent access from the street are often exempted from payment of certain fees (stair light, elevator, cleaning).

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Please note that this article is not intended to provide legal advice.

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