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.

Understanding How Fees Are Calculated

Each property in a community has a “coeficiente”—a percentage assigned in the building’s title deeds. This coefficient determines how much the owner must pay. Larger properties or those with more amenities typically pay higher community fees. You can learn more about community structures in our guide to community properties.

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.

How the LAU Applies to Tenants

The LAU requires transparency when assigning fees to tenants. Any charge must be clearly itemised and agreed upon in writing. Ambiguous wording is generally invalid, and courts tend to side with tenants.

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.

Clauses Courts Commonly Reject

Court decisions have repeatedly struck down clauses that:

• Do not specify which expenses are included
• Attempt to charge tenants for extraordinary repairs
• Use generic wording like “general building costs”

For more detailed insight, see our in-depth article on community fees in Spain.

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 usually unenforceable.

Examples of Extraordinary Costs

• Lift replacement or installation
• Roof waterproofing
• Façade refurbishment
• Structural repairs
• Electrical or plumbing system upgrades

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.

Best Practices Before Signing a Lease

• Request a copy of the current community fee breakdown
• Ask whether extraordinary works are planned
• Confirm in writing which fees you are responsible for
• Have the contract reviewed if anything is unclear

If you are in the process of registering your address, our guide to what the padron is may be useful.

For broader rental advice, see our guide on tips for renting long term in Spain.

You may also find it helpful to understand your broader rights as a tenant: Tenant Rights When Renting a Property in Spain

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

Final Thoughts

Community fees remain one of the most misunderstood aspects of renting property in Spain. By understanding what these fees include, how they are divided, and what the LAU and LPH allow a landlord to charge, tenants can avoid unnecessary disputes and unexpected costs.

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