Spain to Accept Digital Signatures for Decennial Insurance Certificates

Official admission of decennial building insurance certificates signed with a qualified electronic signature streamlines the processing of newly completed building deeds before notaries and property registrars, according to an instruction issued by the Directorate-General for Legal Certainty and Public Faith on September 29, 2026, and published in the Official State Gazette (BOE) on October 7, 2026.

Regulatory Update for Building Deeds

The instruction updates the interpretation previously fixed on September 11, 2000, regarding mandatory guarantees under article 20.1 of the Building Regulation Law. Under the updated framework, insurance companies can issue mandatory guarantee documents using digital signatures based on certificates issued by qualified trust service providers. To prevent rejection by notaries or property registrars, the digital files must maintain signature integrity in PAdES or PDF formats. The documents must display a Secure Verification Code (CSV) or a QR code on the margin or footer to allow verification against the insurer's web registry.

Notaries Require Specific Policy Details for Construction Declarations

Notaries and property registrars require the presentation of the policy, certificate, or entry-into-force supplement to authorize and register new construction declarations. These documents must detail the location of the building, the cadastral reference, registry data, covered guarantees, and a insured capital amount that matches the final execution cost. The paperwork must specify the ten-year validity period starting from the reception of the work, the premium amount, and any agreed deductible that does not exceed one percent of the insured capital per unit. The documentation must also identify the policyholder and the insurance entity authorized to operate in Spain.

Direct Electronic Transmission to Notaries and Registrars

The approved operational framework authorizes insurance companies to send the PDF certificate directly by electronic means to the corresponding notary for the authorization of the end-of-work deed. Following the notarial testimony recorded in the matrix deed, the document serves as sufficient accreditation before the Property Registry, to which it can also be sent using the private document application hosted on the electronic headquarters of the Colegio de Registradores.

Law 38/1999 Mandates Insurance for Structural Damage

Article 19-1-c of Law 38/1999 of November 5 on Building Regulation requires the promoter of a building to establish insurance for material damage or a surety insurance to guarantee for ten years the compensation for material damage caused in the building by vices or defects originating in or affecting the foundations, supports, beams, floor slabs, load-bearing walls, or other structural elements, which directly compromise the mechanical resistance and stability of the building. Article 20-1 adds that no public deeds for the declaration of new construction of buildings to which this law applies shall be authorized or inscribed in the Property Registry without accrediting and testifying to the constitution of the guarantees referred to in article 19.