Selling the flat: the debt certificate the chair has to sign

A neighbour is selling and turns up in a hurry: "I need the certificate for the notary, it's for Thursday". It pays to know what it is before that message arrives.

What it is

A document in which the community certifies whether the flat being sold is up to date with payments, or how much it owes. It is compulsory to complete the deed: the notary asks for it, and without it the sale does not go through unless the buyer expressly waives it.

Who signs it

It is issued by the secretary with the chair's approval. In communities with no property manager, where one person usually holds both roles, that person signs it. No official format or stamp is needed: a written statement with the community's details, the identification of the flat, the debt position and the date is enough.

Why it matters so much

Because the buyer is liable for the community debts of the current year and the three preceding ones. If the certificate says "up to date" and it turns out there was debt, whoever signed can be liable for the damage that causes. It is not a formality: it is a declaration with consequences.

Before signing it, check

• Ordinary dues up to the current month.
• Approved special levies and their outstanding instalments, even if they have not been billed yet. This is the most forgotten item and the one that causes most trouble afterwards.
• Any amount claimed or in dispute, which must be stated.

If the seller owes money

Record it exactly as it is. This is not a discretionary decision for the chair, nor something to be "sorted out between neighbours": the debt goes on the certificate, and it is usually settled at the notary's office out of the sale proceeds. Signing a false certificate as a favour is the worst possible favour, because the person carrying the risk is the one who signs.

The practical advice

Keep a template ready and the collections up to date. With orderly accounts this certificate takes ten minutes to issue; with the accounts in a notebook it takes half an afternoon and causes a row.