Sale of house: How to request a non-indebtedness statement from the condominium?
At the time of selling a property, it is necessary to gather various documents that are present in the deed. A statement of charges related to the condominium has recently been added to this collection. But what is this statement and what is its purpose?
Understand what the non-indebtedness statement to the condominium is and why it has become necessary in the process of selling a property.
Now, a non-debt declaration to the condominium is required when selling a house.
Law n. 8/2022, dated January 10, in effect since April 2022, includes a new required document for home sales: a statement of no debts to the condominium.
The objective of this document is to make explicit to whom any debts related to the fraction being acquired belong, to the buyer or to the seller.
The statement itemizes all the charges of the fraction related to the amounts owed or not by the current owner.
How to request a declaration of non-indebtedness from the condominium?
To request this statement, it is necessary to make a request to the condominium administrator, who must issue the document in writing with all charges and debts related to the fraction in question itemized.
More specifically, the declaration of non-indebtedness to the condominium includes all charges by type of condominium fee, contribution to the reserve fund, works, as well as the values and payment deadlines related to each expense.
If there are debts, they must also be stated in the declaration, indicating their nature, amount owed, and date by which they should have been settled.
From the date of the request, the condominium has a period of 10 consecutive days to send the declaration.
What is included and excluded from the declaration?
What debts can be included or excluded from the declaration? Let's break it down.
If the condominium intends to carry out works in the common areas of the building and these have been approved in a meeting before the sale of the property, the cost of these works continues to be the responsibility of the owner at the date of approval.
Therefore, even if the works are carried out after the sale of the property, it is the seller who is responsible for paying this charge.
Therefore, this amount must be included in the statement, specifying whether it has been paid or not.
However, the condominium fees with payment deadlines after the property sale date become the responsibility of the buyer. Therefore, this document is essential for the buyer to be properly informed about the expenses related to the condominium.
In the dispensation of this document, the buyer becomes responsible for the debts.
It is also important to know that, in case the buyer waives this document, they may have to assume any debts of the condominium after acquiring the property.
In other words, although the law requires this document to be mandatory in the sale of the property, it also allows the buyer to waive it.
In this case, if the writing progresses without the presentation of this statement, any existing condominium debts related to the fraction become the responsibility of the new owner.
What can represent a significant risk, as there may be outstanding debts that were not initially identified.
Simplify the process before buying a house.
Buying or selling a house involves several documents and bureaucratic processes that must be carefully analyzed.
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