Who insures what between landlord, tenant and community (comunidad)

Terms used

• Continente — The continente is the building and everything fixed to it, such as walls, plumbing, built-in wardrobes and fitted kitchens.
• Contenido — The contenido is everything movable inside the home, such as furniture, appliances, clothes and valuables.
• Parte amistoso de accidente — The parte amistoso de accidente is a friendly report, signed by both sides, stating the cause and damage of an incident.
• Responsabilidad civil — Responsabilidad civil is liability cover that pays for damage you or the responsible party causes to others.

Key rules

• Continente: The landlord's policy covers the flat and its fixtures; the community covers only shared parts.
• Contenido: Only your own tenant policy covers your belongings, and valuables usually have lower limits.
• Your improvements: Declare anything you install, and agree in writing with the landlord who insures it.
• Leaks: The pipe the water came from decides whether the community, the owner or the tenant's policy responds.

The short version

Three layers, three insurers. The community insures the shared parts of the building. The landlord insures the flat itself. You insure your own belongings and anything you add to the flat. Which insurer you call depends on what was damaged and where the damage started.

Continente and contenido

Continente is the building and everything fixed to it. That means structure, walls, floors, ceilings, doors, windows, plumbing, electrics, built-in wardrobes, a fitted kitchen and sanitary fittings. It often includes a garage or storage room too.

Contenido is everything movable inside. Furniture, appliances, clothes and electronics all count. So do valuables such as jewellery and art, which usually have a lower maximum payout (a sublimit). Check that limit if you own anything valuable.

Who insures what

The community. Its policy covers the common elements: structure, roof, facade, stairs, lifts, shared installations and garden. The usual risks are fire, explosion, water damage, storms and glass breakage. It normally includes the community's civil liability. It does not cover the interior finishes of private flats or the owners' belongings. It covers private parts only if the policy says so.

The landlord. The owner's policy covers the flat's continente. Ask the landlord for a copy so you know what is included.

You, as tenant. A tenant policy covers your contenido. It can also cover your liability if you damage the flat or a neighbour's. The comparison below shows how tenant, owner, landlord and second-home policies differ.

Things you add to the flat

Built-in wardrobes, fitted kitchens and installations are generally continente, so the owner's policy covers them. If you pay for them as a tenant, insurers often still treat them as continente. Declare them to your insurer and have them covered, usually as mejoras or as part of contenido. Practice varies by insurer, so agree in the lease who insures them and get it in writing.

Which insurer to call

• Leak from a common pipe: the community policy handles it.
• Leak from a private pipe: the owner's policy handles it. If you are at fault, your policy does.
• Your belongings damaged: your tenant policy, whatever the cause.
• Walls, floors or fixtures damaged: the landlord's policy, unless the damage is yours to answer for.

Water damage between flats

Water leaks are the most common claim. You and the neighbour fill in a parte amistoso de accidente, a friendly report stating the cause and the damage. Under an agreement between insurers (the CIDE), each insurer pays its own customer for damage up to a set limit, whoever is at fault. Above that limit, or if there is no agreement, the responsible party's insurer pays under its civil liability cover (responsabilidad civil).

Send the report to your insurer quickly and take photos before anything is repaired. The FAQ below answers the most common questions.

Tenant, owner, landlord and second-home policies compared

Each role needs a different mix of cover, and only the landlord has a real use for rent-loss cover. Check the table, then the notes under it.

What to take from the table

Tenants do not need continente, but they are the ones who most often skip liability. Without it, you pay out of your own pocket if you flood the flat below. Check whether your lease asks you to hold a policy.

Owners who live in the flat need all three core covers. In a building with a community of owners, the community usually has its own policy for the common parts. Ask your administrator what it covers, so your continente fills the gap and does not repeat it.

Landlords insure the structure and the furnishings they provide. Your tenant's belongings are the tenant's responsibility. Rent-loss cover is an extra, so compare what it pays, for how long, and what it requires of the tenant.

Second-home owners face the same risks as anyone else, plus the flat sits empty for long stretches. Ask the insurer whether the policy still pays for a leak or a break-in when nobody is there. If you rent the flat out for part of the year, say so, because that changes which cover you need.

Frequently asked questions

Who pays when a water leak from my flat damages my neighbour's flat?

Usually your own insurer and your neighbour's insurer each pay for their own insured's damage, up to a set limit, whoever is at fault.

Which policy responds if the leak comes from a common pipe?

If the leak comes from a common pipe, the community's building policy handles it. If it comes from a private pipe, the owner's policy handles it, or the tenant's policy if the tenant is at fault. Report it to the right insurer quickly and describe the cause in the friendly report.

Whose policy covers a built-in wardrobe or kitchen I install as a tenant?

Fixed improvements like built-in wardrobes and fitted kitchens are generally building cover, so the owner's policy covers them. Insurers often treat improvements a tenant paid for the same way, so declare them to your own insurer, usually as improvements (mejoras) or as part of your contents. Agree in the lease who insures them.