Non-payment of IBI and utilities

[Unregistered]

Hi there.
Could you please tell me who is liable for IBI and standing charges for domestic utilities on a Spanish property? I am currently in co-ownership of a property and the other owner is refusing to pay their share of IBI and standing charges. I believe that I can force them to pay their share of these bills but I don't know how. I don't want to get in trouble with the law, but I don't want to have to pay their share of the bills.
Thanks.
Den

[sonya davies]

I believe I have found the answer to this through an agent friend of mine. You have to report the matter to the concello (town hall) who will recommend that you make a denuncia (denunciation) against any co-owner who is not paying the charges. You do that at the police station I think. If the charges are over a certain amount then it will be a civil offence dealt with by the juzgados (courts or justices). That means that an embargo is made against the co-owner or co-owners who are not paying their taxes or charges. This will avoid an embargo being put on the property. Can anyone else contribute or confirm this?

[aflores]

Hello Sonya,

Filing a denuncia at the police station for not contributing to a shared expense is a bit harsh (even by my standards ).

These type of claims are filed at the local Juzgado and you dont actually need a lawyer for small amounts because the procedure does not require it (it´s a process similar to the Small Claims Court in the UK).

What I suggest you do is pay the bills, send him notice of legal action and then file a claim.

[sonya davies]

Thanks for the info aflores, but just imagine you are paying for someone else's IBI and utilities and other community fees. Say if I was still living in the U.K. and a co-owner didn't pay their council tax. In my house that would mean me shelling out £800 a year just to pay that one bill, then include the standing charges for utilities so say £1000 every year and I have to go to small claims every time they refuse to pay a bill. I can't wait for the amount to add up of course because action may be taken against the property every time a bill is not paid.. I would think it was easier to start the procedure of an embargo because once that is done all bills from the utilities and all IBI charges for that co-owner would become additions to the embargo.