What expenses does the usufructuary have to pay?

Question

José Manuel Alburquerque · Accepted Answer

In Catalonia, unless the title that created the usufruct says otherwise, the usufructuary pays the ordinary expenses of the home. These are upkeep, maintenance, ordinary repairs, utilities and the taxes and charges paid every year, such as the IBI, the local property tax. Extraordinary repairs and special contributions (“contribuciones especiales”) that permanently improve the property are for the bare owner, that is, the owner who cannot use the home while the usufruct lasts. Even so, the bare owner can charge the usufructuary interest on what they spend on them. What the usufructuary pays The “Código Civil de Cataluña”, the Catalan Civil Code, makes the usufructuary responsible for the expenses required by the normal use of the home: Upkeep and maintenance costs. Also ordinary repairs, which are those needed because of wear and tear from normal use, such as fixing a blind, a tap or a cistern. Utilities, such as water, electricity or gas. Taxes and charges paid every year, such as the IBI or the waste collection charge. Moreover, as far as the town council is concerned, the person liable for the IBI is the usufructuary, not the owner. Insurance, if the home was already insured or if any careful owner would take out a policy. If there is an insured event, the payout is shared between the two of them according to the share of the premium each has paid, unless the usufructuary prefers to use it to repair or replace what was damaged. If the home was already mortgaged when the usufruct was created, the debt is not paid by the usufructuary. If the usufructuary does not pay what they owe, the bare owner can formally demand it and, if the usufructuary still does not pay, pay it and claim it back afterwards. What the bare owner pays Extraordinary repairs, those that do not arise from normal use, such as redoing the roof or replacing the entire electrical installation. If they have become necessary because the usufructuary did not carry out in time an ordinary repair that was their responsibility, the usufructuary pays for them. Special contributions that permanently improve the property. These are what the town council charges owners who benefit from public works, such as the paving and servicing of a street. In both cases, the bare owner can require the usufructuary to pay interest on what has been spent. If it is the usufructuary who pays for an extraordinary repair up front, they can generally claim the cost back from the bare owner. It is advisable for them to have first asked the bare owner in writing to carry it out. When the usufruct ends, the usufructuary or their heirs can keep hold of the property until the repair is paid for. The owners' association and what the title says As far as the owners' association (the “comunidad de propietarios”) is concerned, the Catalan code requires the owner to pay the service charges. Between the owner and the usufructuary, on the other hand, the ordinary service charges, which cover cleaning, the lift or the maintenance of the building, fall within the usufructuary's expenses. Special levies for extraordinary works or improvements fall within the bare owner's. That is why, if the association claims the ordinary service charges from the owner, the owner can then ask the usufructuary to reimburse them. All this applies unless the title that created the usufruct, such as a will or a deed of gift or of sale, allocates the expenses differently. That is why it is advisable to read it first of all. If you cannot agree on who pays for a repair, a claim can be made in court, but first you generally have to try to negotiate, for example through a written proposal or mediation. Under the Spanish Civil Code (“Código civil”), which applies in most of the rest of Spain, the allocation is similar.