Do You Have To Pay Community Fees In Spain If You Rent?

As of 2025, community fees in Spain—known as gastos de comunidad—continue to be a key point of confusion for tenants. These are the costs paid by property owners in a residential community or building complex. The fees cover maintenance and management of shared areas like pools, gardens, lifts, stairwells, and exterior lighting or security systems.

Typically, these fees are collected by the building’s comunidad de propietarios (community of owners), which is managed either directly by the owners or through an external property administrator. But when it comes to rental contracts, who actually pays these fees—the landlord or the tenant—depends on the agreement.

How Are Community Fees Set?

Community fees are determined by the comunidad de propietarios through majority vote in an annual meeting. Each owner’s share of the fees depends on their property’s size and the percentage of communal areas they are entitled to. The budget usually includes ongoing maintenance, cleaning, insurance, administration, and sometimes a reserve fund for larger repairs.

What Does the Law Say?

Two key pieces of legislation regulate community fees in rentals:

• Urban Leasing Law (LAU)
• Horizontal Property Law (LPH)

Under Article 20 of the LAU, the landlord may pass on the cost of general expenses to the tenant—but only if this obligation is clearly stated in the rental contract. If it's not explicitly mentioned, the landlord remains responsible for paying them.

The Rental Contract Matters Most

While the law allows landlords to assign basic community fees to the tenant, most rental contracts in Spain do not. In practice, landlords typically cover these charges—especially in short-term or furnished rentals. If a landlord wants the tenant to pay, the contract must specify:

• That the tenant is responsible for community fees
• Exactly which fees this includes (e.g., maintenance, cleaning)
• Any applicable limits or flat monthly amounts

Vague clauses like “tenant pays community fees” are insufficient. Spanish courts generally side with tenants unless the clause is clearly defined and agreed upon by both parties.

What About Major Works or Renovations?

Another common question is whether tenants must pay for large-scale repairs or renovations carried out by the community. Under the Horizontal Property Law, these extraordinary costs are the landlord’s responsibility unless explicitly passed to the tenant in writing—which is extremely rare and not enforceable in most standard leases.

So, Do You Have to Pay Community Fees in 2025?

In most cases, no. Unless your rental contract clearly states otherwise, the landlord is responsible for community fees. Even if such a clause exists, the tenant can only be charged for basic maintenance-related costs—not for building improvements or one-off repairs. If you're unsure, have your contract reviewed before signing or renewing.

To learn more about how community fees work and how they’re managed, see our guide to community fees in Spain.