How long do I have to claim damages?

Question

José Manuel Alburquerque · Accepted Answer

It depends on whether you had a contract with the person who caused the damage and on where the event took place. If there was no contract, as when someone else's dog bites you or water comes in from the flat upstairs, the time limit is three years if the event took place in Catalonia and one year in the rest of Spain. If the damage arises from a contract that was badly performed, it is five years under the Spanish Civil Code (“Código Civil”) and, in principle, ten in Catalonia. There are special time limits, such as the one year for road traffic accidents, which also applies in Catalonia. A written claim interrupts the time limit, which then starts again from scratch. With or without a contract If there was no contract, this is known as non-contractual liability (liability in tort). The time limit is three years if the event took place in Catalonia. In the rest of Spain it is one year, under the Spanish Civil Code. What counts is where it happened, not where you live. Even so, if you are going to claim against the insurer of the person who caused the damage, the prudent course is to do so in writing within the first year, to avoid any argument over whether the time limit is one year or three. If the damage arises from a contract that was badly performed, such as instructing a lawyer, a tax adviser (“gestor”) or a renovation company, the time limit is five years under the Spanish Civil Code. In Catalonia, if the contract is governed by Catalan law, it is ten years in principle. But there are exceptions. In 2026 the “Tribunal Supremo”, Spain's Supreme Court, held that a claim by someone who signed a public deed in Catalonia against the notary who authorised it becomes time-barred after the five years laid down in the Spanish Civil Code, because notarial functions are a matter for the State. So, even if the time limit may be ten years, it is best not to leave it until the last minute. Moreover, professionals' insurance usually only covers claims made while it is in force. Check the contract too. If it sets a shorter time limit for claiming, the prudent course is to keep to it, even if its validity may be open to question. If it is not clear whether there was a contract, go by the shorter time limit. Special time limits For road traffic accidents, one year throughout Spain, Catalonia included. For claims against the public authorities, for example against a town council or the public health service, one year. If there are injuries, it runs from recovery or from when the extent of the after-effects is known. The safe course is to file the formal claim within that year, without relying on any other written communication to interrupt the time limit. For damage caused by a defective product, against the manufacturer or the importer, three years from when you suffered the damage, in Catalonia too. For construction defects in a building, the specific time limits of the “Ley de Ordenación de la Edificación”, the Building Act. Even if they have run out, a claim under the contract may still be possible, with its own time limit. Against your own insurer, two years for property and liability insurance and five for personal insurance. When it starts to run and how it is interrupted In general, from when you know, or could reasonably have known, what damage you have suffered and who caused it. For injuries, from when you are discharged from medical treatment or from when the permanent after-effects are known. If the extent of the damage takes time to become known, the Supreme Court reiterated in 2026 that the time limit does not start until it is genuinely known. Doubts are not resolved against the person making the claim. If the damage is ongoing, as with leaks that nobody repairs, the courts usually count from when it stops. If there are criminal proceedings over the same events, the civil time limit does not run while they last. It starts to run when you are notified that they have ended. It is interrupted by a written claim, a court claim, an acknowledgement of the debt and a request to attempt to reach an agreement before going to court. When it is interrupted, the time limit starts again in full. Use a method that leaves a record of the date and the content, such as a “burofax” (a certified letter with proof of content). If there are several people liable, claim against all of them and their insurers. Claiming against one may not interrupt the time limit as against the others.