What types of insurance are mandatory?

Depending on your occupation and personal circumstances, you may need to take out insurance. Find out if this applies to you.
In Spain, the law, a regulation or a collective agreement stipulate whether insurance is compulsory or not. In all, in there are more than 800 compulsory insurance policies in this country. In this respect, and with the intention of achieving greater legal certainty and making it easier to find them, the Directorate-General for Insurance and Pension Funds (DGSFP) created from January 1, 2016 a Public Register of Compulsory Insurance managed by the Insurance Indemnity Consortium (CCS), which compiles all compulsory types of insurance required in the country, irrespective of the legislative body that imposed it.
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How do I know if I have to take out compulsory insurance?

At the website of the Insurance Compensation Consortium you can see these lists and discover all the insurance policies by specific criteria, such as the date it became effective, the activities subject to compulsory insurance, the legal status of the regulations governing it or the scope (state or regional) in which the policy is required.

However, to give you an idea, below you can find some of the circumstances in which you will be required to take out insurance. To make it easier for you to find them, we have split them into two groups: on the one hand, professional or work-based policies, and on the other, personal and private policies.

Depending on your occupation, the following types of insurance may be compulsory:

  • Real estate agents: real estate appraisers and developers must take out compulsory insurance. While in the case of the appraisers, any damage deriving from an appraisal must be covered - which is essential for a mortgage to be granted -, developers must be covered in the event of any material damage or faults to the real estate they handle. Furthermore, this field includes “decenal [ten-year]” insurance, which involves a 10-year guarantee by the developers to cover any structural defects that may arise.
  • Insurance for professional athletes. If you are part of a professional federation, i.e. you are a professional athlete, you are required to take out insurance to cover any damages arising from your activity.
  • Professional societies. In the event of lawsuits or damages to third parties, all professional societies must take responsibility for the compensation deriving from their public liability. This is why these types of societies are required to take out insurance to cover these scenarios, which can run into millions of euros.
  • Transport companies. Anybody travelling with a transport ticket is required to be covered by Compulsory Insurance for Travelers (Seguro Obligatorio de Viajeros, SOV). By taking out this insurance, those responsible for organizing the transport will cover any injuries arising from accidents suffered by their passengers, both during the journey and immediately after.
  • Insurance for individuals in collective agreements. Collective agreements can involve, in some cases, a condition requiring the individual to take out life insurance or accident insurance. This depends, particularly, on the type of activity carried out and the risk profile of the individual.
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In the private and leisure sphere, these types of insurance may be compulsory:

  • Compulsory public liability insurance for motor vehicles: Compulsory Motor Insurance (Seguro Obligatorio de Automóviles, SOA), the absence of which is subject to immobilization of the vehicle and a fine of up to €3,005, is not the only compulsory policy. It is also compulsory for all other land-based motorized vehicles (cars, motorbikes, mopeds, etc.) and sea-based motorized vehicles (recreational craft, jet skis, etc.). Similarly, it has recently become compulsory to insure drones, as set out in Royal Decree-Law 8/2014.
  • Hunting insurance that covers the public liability of hunters. As set out in the Hunting Act 1/1970, all hunters are required to take out a public liability insurance to compensate for any injury caused to other people while hunting.
  • “Potentially” dangerous pure-bred animals. As set out in Act 50/1999, of December 23, it is compulsory to be insured if you have potentially dangerous animals. These types of animals include some canine breeds, such as pit bulls, but also other breeds.

As you can see, the compulsory nature depends on various aspects. However, most cases consist of covering the public liability of the professional or the citizen. If you believe, due to your professional or private situation, that you are required to take out compulsory insurance, the best thing to do is to request information and advice on the policy that best suits you.

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