Can I pass IBI and community fees on to the tenant?

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• Martin (Soycasero)Equipo SoycaseroSep 20, 2026

  Since 8 October 2026 the two are treated differently. In a residential tenancy the general costs of the building, such as the community fee, can still be agreed to fall to the tenant, in writing and stating the annual amount at the moment of signature.

  Taxes linked to the property, such as the IBI, can no longer be passed on: article 20.1 of the LAU, as worded by Real Decreto-ley 29/2026 (BOE-A-2026-20823), says they may in no case be imposed on the tenant unless the tenant is the taxpayer. Congress still has to ratify the decree.

  In commercial lettings the scope to agree terms is wider. If your signed contract has an IBI clause, how it stands now is one for your gestoría.

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