Venda de casa: Como pedir a declaração de não dívida ao condomínio?

House sale: How to request a statement of no debt from the condominium?

When selling a property, it is necessary to gather various documents that are present in the deed. Recently, a declaration of condominium charges was added to this collection. But what is this declaration and what is its purpose?

15 Nov 20234 min

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Do you need help with selling your house? Leave the paperwork to the professionals and access the real estate agency service Casa no Minuto. Or first understand what the declaration of no debt to the condominium is and why it is needed in this process.

Now, a no-debt statement to the condominium is required when selling a house.

The recent law no. 8/2022 of January 10th, in force since April 2022, includes one more necessary document for selling a house: a declaration of no debt.  

The purpose of this document is to make it clear who owns the debts, the buyer or the seller, related to the fraction being purchased.  

The statement itemizes all the charges of the fraction related to the values owed or not by the current owner.  

How to request a statement of non-indebtedness from the condominium?  

To request this statement, it is necessary to make the request to the condominium administrator so that the document is passed in writing with all charges and debts itemized regarding the fraction in question.

More specifically, the non-debt statement from the condominium includes all charges by type of condominium fee, contribution to the reserve fund, works, as well as the values and payment deadlines relating to each expense.  

If there are debts, these must also be detailed in the declaration, including the nature, amount owed, and the date by which it should have been settled.

From the date of the request, the condominium has a period of 10 consecutive days to send the statement. 

What is included and excluded from the statement?  

But what debts can be included and excluded from the declaration? Let's break it down. Firstly, it should be known that if the condominium intends to carry out works on the common parts of the building, and they have been approved in a prior meeting before the sale, the cost of the works still belongs to the owner on the date of approval.

So, even if the works are carried out after the sale of the property, it is the seller who is responsible for paying that debt.  

Therefore, this is a value that must be included in the declaration, detailed on whether it has already been settled or not (with the responsibility remaining with the seller, even if still in debt).

However, the condominium charges with settlement deadlines after the property sale date will belong to the buyer. Therefore, this document is essential so that whoever is going to acquire the fraction is informed about the condominium-related expenses.

In the provision of this document, the buyer is responsible for debts.

But know that, in the case of dismissing this document as the buyer of the property, you will have to take on the possible debts of the condominium after the acquisition.

In other words, according to the law, this document is mandatory for the sale of the property, but also allows the buyer of the house to waive it.  

In this case, if the deed progresses without the presence of this document, any condominium debts related to the fraction become the responsibility of the future owner.  

What may or may not be a risk as you may be assuming debts of large amounts, without any proof.

To avoid this type of situation and have all the bureaucracy handled, you can turn to a real estate agency that simplifies the entire process of selling your house. Contact Casa no Minuto for this purpose, which can provide you with a close, personalized service, so you can see the process move forward without challenges.

Are you going to move forward with the purchase of another property and need help with financing? We are here to help you... the credit intermediaries from Poupança no Minuto will take care of your entire home loan process, at no cost! Save time and money, and avoid bureaucracy, with our services.

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