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FAQ

What people ask us most.

Buying and selling, renting, owners’ associations, tax and insurance. Clear answers to everyday questions. If yours isn’t here, just ask.

Buying & selling

10 questions
01What are the usual steps in selling a home?

First the property’s paperwork is reviewed, a pricing strategy is set, the marketing is prepared, viewings are managed and the offer is negotiated. A deposit contract (arras) is signed if appropriate and, finally, the sale is executed as a public deed before a notary.

02What paperwork should I prepare before putting a home on the market?

Gather the title deed, ID (DNI/NIE), the property tax (IBI) receipt, the energy performance certificate, the certificate of habitability where applicable, the owners’ association certificate, land registry details, floor plan or floor area, utility bills and, if there is a mortgage, a statement of the outstanding debt.

03Is an energy performance certificate compulsory?

Yes. As a general rule it must be available in order to advertise and sell or rent a home. It must be issued by a qualified technician and registered following the procedure that applies in Catalonia.

04What is a deposit contract (arras)?

It is an amount paid to reserve the transaction. Under penitential arras, if the buyer withdraws they may lose what they paid, and if the seller withdraws they may have to return double, always according to what the contract says.

05What is the difference between penitential, confirmatory and penalty arras?

Penitential arras allow either party to withdraw on the agreed terms; confirmatory arras prove that an agreement exists; and penalty arras set a penalty for breach. Drafting them correctly is important to avoid conflicting interpretations.

06Who pays the costs of a sale?

It depends on what is agreed and on the applicable law. Usually the buyer pays the notary for the sale, land registry fees and purchase taxes, while the seller pays the municipal capital gains tax (plusvalía), the cancellation of any mortgage in the registry and their own tax on the capital gain. Each case should be reviewed.

07What taxes might the seller have to pay?

Normally the seller must work out the capital gain or loss for income tax (IRPF) and the municipal capital gains tax. Exemptions or reductions may apply in specific cases, such as reinvesting in a main residence, sellers over 65, or no increase in the land value, provided the requirements are met.

08What should the buyer check before signing?

Ownership, registered charges, the basic planning situation, occupancy, the owners’ association, property tax (IBI), energy rating, financing, the physical condition of the building, and whether the floor area matches reality and the paperwork.

09Can a rented home be sold?

Yes, but the lease, its date, the rules that apply and the tenant’s possible rights must be reviewed. The buyer must also be properly informed that they are acquiring the property with a lease in force.

10Why value the property before advertising it?

A well-reasoned asking price avoids a drawn-out sale, cuts unnecessary haggling and makes it easier to defend the value with buyers. The valuation should consider location, condition, size, orientation, lift, real demand, comparable sales and legal status.

Renting

10 questions
11What is rental management?

It is the management of rented properties on behalf of owners: contracts, rent collection, rent updates, incidents, repairs, dealing with tenants, paperwork, deposit control and financial follow-up.

12What is the minimum term of a residential lease?

For a main-residence lease, the term and its extensions depend on the Urban Leases Act (LAU) and on whether the landlord is an individual or a company. Before signing, check the law in force and the exact date of the contract.

13Is a deposit compulsory when renting?

Yes. For urban leases the LAU requires a legal deposit: usually one month’s rent for housing and two months for other uses. In Catalonia the landlord must lodge it with INCASÒL.

14Can additional guarantees be requested from the tenant?

An additional guarantee can be agreed, but there are legal limits for main residences. The type of contract, the agreed term and the law in force must be studied so as not to impose invalid guarantees.

15Who pays for repairs in a rented home?

The landlord must keep the home habitable, except for damage caused by the tenant. Minor repairs due to ordinary wear and tear usually fall to the tenant, but each case should be assessed with evidence.

16Can the landlord enter the rented home?

Not without the tenant’s consent or a court order, except in exceptional situations. Even though the landlord owns the property, the rented home is the tenant’s residence for the duration of the lease.

17How is the rent updated?

The update must be agreed in the contract and respect the legal limits in force at any given time. In stressed market areas or contracts subject to specific rules, the applicable regime must be checked before signing or updating.

18What happens if the tenant stops paying?

The best thing is to act quickly: document the debt, try an orderly claim, consider whether a formal demand is appropriate and assess legal action. Early action prevents debt from building up and problems with evidence.

19What should a good lease include?

It should identify the parties and the property, its use, term, rent, deposit, guarantees, utilities, costs, upkeep, whether subletting is allowed, works, notices, an inventory and the compulsory annexes.

20What precautions apply to temporary lets?

There must be a genuine reason for the temporary nature, and it must be documented. Calling a contract temporary is not enough if it actually covers a permanent housing need. Getting this wrong can lead to disputes and legal consequences.

Owners’ associations

10 questions
21What does a property manager do for an owners’ association?

They manage the association’s finances, prepare budgets and accounts, carry out resolutions, coordinate suppliers, handle incidents, advise the board and help comply with the applicable rules.

22What is the difference between the president and the manager?

The president represents the association and is usually an owner. The manager runs the building professionally if the association appoints them. Their roles are different, although they must work together.

23How often must an owners’ association meet?

An ordinary general meeting must be held to approve the accounts and budget, and extraordinary meetings can be called whenever matters require it.

24What must a meeting notice include?

It must state the association, date, time, place and agenda and, where relevant, the financial documents or proposals to be voted on. Important resolutions must appear clearly on the agenda.

25Can an owner who owes money vote?

In Catalonia, under the horizontal property regime, arrears can limit voting rights in certain cases. The debt, how it was notified and the applicable rules should be checked before the meeting.

26What is the share coefficient?

It is the percentage that corresponds to each unit within the building. It is used to share certain costs, calculate fees and weight resolutions when the law or the bylaws require it.

27Are all costs shared by coefficient?

Not always. Some costs are shared by coefficient, others equally or according to the bylaws, valid resolutions or cost groups. The key is to review the deed of division, the bylaws and the association’s resolutions.

28What can be done about unpaid association fees?

The association must approve and document the debt and demand payment and, if it is not settled, it can take legal action. Clear accounts and well-drafted minutes make the claim easier.

29Can cameras be installed in a building?

Yes, if the association agrees and data protection rules are met: a security purpose, cameras in common areas, visible signage, limited access to the footage and avoiding recording the public street beyond a minimal strip.

30What should the minutes of a meeting record?

Date, place, those present and represented, shares, agenda, resolutions, voting results, relevant incidents and closing. It is best to avoid technical statements without a professional report.

Tax

10 questions
31What are the basic tax rules for renting out a home?

The owner must declare rental income in income tax (IRPF) or the relevant tax. Necessary expenses and depreciation can be deducted if they meet the requirements, and a reduction may apply when the property is the tenant’s main residence.

32Is the rental tax reduction always the same?

No. Since the Housing Act reform, different percentages apply depending on the contract date and requirements such as stressed areas, rent reductions, young tenants or refurbishment. The specific case must be checked.

33What is the municipal capital gains tax (plusvalía)?

It is the municipal tax on the increase in value of urban land. Depending on the transaction, it usually falls on the seller, donor or heir. If there has been no increase in value, non-liability or an appeal can be considered.

34What taxes does the buyer of a resale home pay?

For a resale home, the buyer normally pays Property Transfer Tax (ITP), plus notary, land registry and agency fees if one is used. Rates and allowances depend on the region and personal circumstances.

35What taxes does the buyer of a new-build home pay?

For a new build, VAT and Stamp Duty (AJD) are normally paid, plus the costs of the sale and of any mortgage.

36How is the sale of a home taxed under income tax?

The difference between the sale value and the purchase value is calculated, adjusting for allowable costs and improvements. Any gain is taxed in the savings income base unless an exemption applies.

37When can the gain on selling a main residence be exempt?

It can be fully or partly exempt if the proceeds are reinvested in another main residence within the legal deadline, or in specific cases such as people over 65 selling their main residence, provided the requirements are met.

38What happens tax-wise when you inherit a property?

Inheritance Tax must be paid and, where applicable, the municipal capital gains tax. If the property is later sold, any gain or loss is calculated against the value declared or assessed in the inheritance.

39Can VAT on property expenses be deducted?

It depends on the type of activity, how the property is used and whether the transaction is subject to and not exempt from VAT. Residential rents normally carry no VAT; for commercial premises or other uses it may be different.

40Why plan your taxes before selling, renting or inheriting?

Because the decision can affect income tax, the municipal capital gains tax, transfer tax, VAT, inheritance tax, deductions and deadlines. Reviewing it beforehand helps avoid mistakes, estimate costs and organise the paperwork.

Insurance & services

10 questions
41What services does Fincas Marpa offer?

Rental management, owners’ association management, buying and selling property, property tax advice, property insurance, maintenance and repairs with trusted partners, and a Property Personal Shopper service for people looking for a home.

42Where is the office?

The office is at Consell de Cent 306, 1st floor, door 1, 08007 Barcelona, between Passeig de Gràcia and Rambla de Catalunya, right in the Eixample.

43How much experience does Fincas Marpa have?

It is a family business founded in 1969 by Herminio Martín Bocos, with a long track record in property and building management in Barcelona.

44Who leads the professional management?

Management is led by Jesús Martín Martín, chartered Property Manager (Administrador de Fincas, no. 04804) and chartered Estate Agent (Agente de la Propiedad Inmobiliaria, no. 2344), with administrative support and external professional partners.

45Why hire professional management?

It reduces mistakes, keeps paperwork in order, improves financial tracking, professionalises dealings with tenants and suppliers, and helps you make decisions on a sound legal and financial basis.

46What insurance suits a landlord?

It depends on the property and the risk. Home insurance, rent default cover, public liability, legal protection and specific damage cover may all be worth considering. The important thing is to check exclusions and requirements.

47What insurance suits an owners’ association?

An association should review buildings cover, public liability, water damage, assistance, legal protection, common elements, electrical damage and special cover depending on the age and features of the building.

48What paperwork helps manage an insurance claim?

Photos, the date of the incident, a description, details of those affected, the policy, quotes, invoices, technical reports if any, and communications with neighbours or tenants.

49What if I’m not comfortable with the internet?

No problem. We will see you in person at the office or over the phone, explain every document calmly and, if you wish, move to digital step by step. Nobody gets left behind.

50When should I ask for personalised advice?

When there are inheritances, the sale of a rented home, old contracts, unpaid rent, building works, disputes between neighbours, significant tax issues, temporary lets, rent limits, squatting or doubts about majorities and resolutions.

Can’t find your answer?

Every case is different. Call or write to us and we’ll look at it with you, calmly.