What does ten-year structural defects insurance cover and how do you claim?

Question

José Manuel Alburquerque · Accepted Answer

Ten-year structural defects insurance (the “seguro decenal”) covers, for the ten years following the handover of the works, physical damage caused by structural defects that compromise the building's strength and stability, that is, defects in the foundations, columns, beams, floor slabs or load-bearing walls. It is compulsory for residential buildings and also protects later buyers, even if they buy second-hand. It does not cover damp, insulation, installations or finishes, which are claimed through other routes. The claim is made in writing directly to the insurer as soon as the damage appears, without letting the following two years go by. What it covers and what it does not It covers physical damage to the building caused by structural defects that compromise its strength and stability. The sum insured must be at least the cost of carrying out the works. It does not cover habitability defects, such as damp, insulation or installations, or defects in finishes. The developer, the builder and the building professionals are liable for habitability defects for three years. The builder, together with the developer, is liable for defects in finishes for one year. Claims are made against them and their liability insurers, also within two years of the damage appearing. In addition, there may still be a claim against the seller under the contract of sale. Nor does it cover personal injury, furniture, damage to neighbouring buildings or damage due to lack of maintenance, misuse or works carried out after handover. It may have an excess of up to 1 % of the sum insured for each home or commercial unit. How to claim Find out who the insurer is. It is stated in the deed of declaration of new construction (“declaración de obra nueva”), of which you can request a copy from the notary's office or information from the “Registro de la Propiedad”, the Land Registry. It is also usually recorded in the “Libro del Edificio”, the building's record book, which the managing agent keeps. And the developer knows who it is. Notify the insurer of the damage in writing as soon as you detect it, with photos and a report by an architect or building surveyor (the “aparejador”) explaining that the damage is structural. If the damage is in the common parts, the owners' association will normally make the claim. If it is only in your home, you can claim yourself. If you cannot agree on the amount, each side appoints an expert. If the insurer has already appointed its loss adjuster and asks you to appoint your expert, do so within eight days, because otherwise you will be bound by the loss adjuster's report. Do all this within two years of the damage appearing. If the insurer does not pay, a claim can be brought against it directly, after attempting to reach an agreement, as the law has required since April 2025. If a private individual built the home for his or her own use Anyone who builds a single-family home for his or her own use is not required to take out this insurance. But if he or she sells it before ten years have passed, he or she must take it out for the remaining period, unless the buyer expressly releases the seller from that obligation. If you are buying a house like this, ask about the insurance before signing.