Your new home's 10-year structural guarantee (seguro decenal)

Terms used

• Seguro decenal — The seguro decenal is insurance covering structural damage to a new building for 10 years.
• Acta de recepción — The acta de recepción is the signed document recording that the works have been formally accepted.
• Obra nueva deed — The obra nueva deed is the notarial deed that declares a newly built property and is registered in the property registry.
• Burofax — A burofax is a postal service that gives official proof of the content and delivery of a message.
• Organismo de control técnico — The organismo de control técnico is the body that supervises a building's design and construction on behalf of the insurer.

Key rules

• Claim deadline: You must bring a claim for a building defect within two years from the date the damage appeared.
• Insurance duty: The developer of a new residential building must have the seguro decenal before the obra nueva deed can be registered.
• Start date: The 10, 3 and 1-year periods all run from the signed acceptance of the works.
• Self-built homes: A self-built single-family home needs no policy, but it cannot be sold within 10 years without one unless the buyer waives it before a notary.

The short answer

A new-build home in Spain comes with three legal guarantees. Structural damage is covered for 10 years, habitability defects for 3 years, and finishing defects for 1 year. All three periods start on the day the works are formally accepted, which is the date of the signed acta de recepción.

What each period covers

• 10 years: damage to the structure, such as foundations, beams, walls and other load-bearing elements, that compromises the building's strength and stability.
• 3 years: defects that affect habitability. These include problems with hygiene, health, environmental protection, noise insulation, energy savings and thermal insulation.
• 1 year: finishing defects, such as paint, tiling and carpentry.

The damage must appear within the relevant period. Once it appears, the claim clock starts (see below).

Who must have the seguro decenal

The seguro decenal is insurance against structural damage. It is mandatory for new residential buildings. The developer must take it out before the registry will register the obra nueva deed. Shops, offices and other non-residential buildings do not need it.

Self-builders are treated differently. Someone who builds a single-family home for their own use does not have to take out the policy. They cannot sell the home within 10 years without it, unless the buyer waives it before a notary. If you are buying a home that was self-built, ask about this before you sign.

How long you have to claim

You must bring a claim for a building defect within two years from the date the damage appeared. This is separate from the 1, 3 and 10-year periods. Those are the windows in which the damage must show up. The two years start when it does.

Sending a formal demand to the other party pauses the deadline. Do this early if you are unsure whether you are in time.

How to claim on the insurance

1. Document the damage straight away with photos and an independent technical report.
2. Notify the insurer in writing, ideally by burofax. Include the policy details, the deed and your evidence. If you live in a building with a community of owners, the community can make the claim.
3. The insurer sends its own expert and decides whether the damage is covered. Cover depends on the policy terms and on the damage falling within the structural scope.
4. The control body, the organismo de control técnico, supervises the design and construction for the insurer. Its reports may help your claim, so ask for them.

If the insurer rejects or delays your claim, you can sue it directly in the civil courts. Ask a lawyer about this step.

The timeline, checklist and questions below go through the deadlines and steps in more detail.

Timeline and deadlines

• Finishing defects such as paint, tiling and carpentry are covered: during the first year after the signed acceptance of the works

• Habitability defects are covered, such as those affecting noise insulation, thermal insulation, hygiene or health: during the first 3 years after the signed acceptance of the works

• Structural damage is covered, such as foundations, beams and walls that affect the building's stability: during the first 10 years after the signed acceptance of the works

• Pause the deadline by sending a formal demand to the other party: before the two years run out

Checklist

• Ask the developer for a copy of the decennial insurance policy before you buy.

• Check that the policy is mentioned in the obra nueva deed, since the developer must have it before the deed is registered.

• Photograph any damage as soon as you see it.

• Get an independent technical report on the damage.

Confirm the claim steps with the insurer or a lawyer before you act, as they depend on your policy terms.

Frequently asked questions

Does the decennial insurance cover a self-built home?

No, a person building a single home for their own use does not have to take out the seguro decenal. If you buy such a home within 10 years of completion, the policy is needed unless you waive it in front of a notary.

Do I have to take out decennial insurance on a shop or office?

No, non-residential buildings are not required to have decennial insurance. The requirement applies to new homes, where the developer must have the policy before the obra nueva deed can be registered.

Can I sue the insurer if it rejects my claim?

Yes, you can sue the insurer directly in civil court if it rejects or delays your claim. Cover still depends on the policy terms and on the damage being structural.

Does the two-year claim limit stop me from claiming late in the 10-year period?

No, the 10 years is the period in which the damage must appear, and the two years start when it appears. A formal demand to the other party can interrupt that deadline.