When viewing a house to buy, sometimes there is an older person sitting in the corner while their children or grandchildren show the house. Appearing to take little interest in the proceedings, that ‘older person in the corner’ could become very important if they were granted a Usufructo or ‘Liferent’ of the property when it was bought way back when the couple moved in before the children were born. These children have now inherited the house with the death of one of the couple, but the Usufructo is still in the title.
The Usufructuario must maintain the property in good condition, cover ordinary repairs, and pay ongoing costs such as property taxes (IBI), municipal fees, and community charges. Major or extraordinary repairs such as structural issues, roof replacement, foundation work, or other major works are normally the responsibility of the owner.
The guiding principle is that the Usufructuario must keep the property in good working order for daily use, so they are responsible for small or routine plumbing and electrical fixes e.g., repairing a leaking tap, replacing a light switch, fixing a socket, or minor wiring/plumbing issues that arise from normal use. However, if the wiring becomes unsafe or there are major plumbing problems, then the replacement, plus redecoration will be the responsibility of the owner.
However, if these works make the house uninhabitable for a period and the Usufructuario has to live elsewhere, the owner does not need to compensate for costs to the Usufructuario of that temporary living place. Also, the Usufructuario may have a long-term companion, but they cannot stay after the Usufructuario has left the house.
As part of their Home Inspections/Building Condition Surveys Survey Spain always check in the Title Extract (Nota Simple) for mention of a Usufructo as most buyer will not want a house with someone else’s granny also living there.
