Note
How to make a home insurance claim in Spain
Quick answer
Notify the insurer within seven days of learning of the loss, unless the policy gives longer. Photograph the damage, keep receipts and limit further harm. The insurer must pay what it owes within forty days of the declaration, and delay can bring interest.
Applies toOwners who have had a loss, or who want to be ready for one.
On this page: 8 sections
§ 1Act quickly
The insurance contract law requires the policyholder to notify the insurer of a loss within seven days of learning of it, unless the policy sets a longer period. It also requires you to take reasonable steps to limit the damage. If you fail to notify on time, the insurer may claim damages, so do not wait for a quote or for a neighbour to act. This page belongs to the chapter on how home insurance works.
§ 2The report
Report by the route the policy names, which is often a phone line and a form. Say what happened, when and where, and what you have done. Follow with an email that repeats the facts, and keep the reference number. For a home owned from abroad, a local contact who can let the loss adjuster in is important, as cover for non-residents explained explains.
§ 3Evidence
Photograph and film the damage before touching anything, and keep the damaged items if you can. Keep receipts for emergency work and for the replacement of lost goods. Ask neighbours and the community administrator to confirm what they saw. For theft, report it to the police and attach the report to the claim. For water damage to neighbours, give their details and let the insurer handle the exchange.
§ 4The insurer’s deadlines
After your declaration, the insurer must pay, within forty days, the minimum amount it may owe according to the circumstances it knows. If it has not performed within three months of the loss, the law presumes delay, and the interest on the amount runs from the loss, at the legal rate plus a surcharge. We read the article, and it has exceptions, so ask your lawyer how it applies to a particular claim.
§ 5The amount
The payment is limited by the sum insured and the excess. If the sum was too low, the proportional rule can reduce the payment, as what a policy covers explained explains. Ask the insurer for the calculation in writing, and compare it with the schedule.
§ 6If the claim is refused
Ask for the reasons in writing. Check them against the policy and the law, and keep every message. Most insurers have a complaints department, and above it is a public complaints service for insurance. We did not read the rules of that service, so ask your lawyer or a consumer body how to use it and which time limits apply.
§ 7Time limits
Claims can expire. We did not verify the limitation period that applies to a home policy, so do not rely on a long delay and ask a lawyer if the insurer has not paid.
§ 8Keep a file
Keep the policy, the schedule, the questionnaire, the report, the photographs, the invoices and every letter in one folder. It helps if the matter goes further.
FAQRelated questions
How fast must I report a loss?
The statute gives one week from the moment you learn of it, unless your contract is more generous. Use the channel the policy names, put it in writing, and keep evidence of when you sent it.
What if the insurer is slow?
Under the statute, a three-month silence after the loss is treated as delay, which can add interest to what is owed. Write to the insurer, keep every reply, and consult your lawyer or a consumer body about next moves.
Do I have to repair before the insurer visits?
Take steps to limit further damage, but keep the damaged items and photograph everything before repairs. A repair that destroys the evidence can weaken the claim, so ask the insurer first when you can.
Sources
- Boletín Oficial del Estado: Ley 50/1980 de Contrato de Seguro (consolidated text updated 3 October 2026) (official source, opens in a new window), Arts. 10, 11, 12, 16, 18, 19, 20, 25, 26, 30 and 31 readLast checked 18 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.