Construction

Either can do it; the key is that the developer, contractor, and subcontractors are listed as insureds and that the policy includes cross liability. When the developer contracts it and designates the rest as insureds, it prevents the insurer from indemnifying and then recovering from a company that continues to work on the same project.

The Building Regulation Act sets ten years for structural damages, three for those affecting habitability, and one for finishes, and these periods apply to all buildings covered by its article 2. The ten-year insurance of article 19 is mandatory in buildings whose main purpose is housing, and it is there where the notary does not authorise the new construction deed nor does the registrar register it without the policy. In industrial, logistics, or office buildings, this requirement does not exist, although the ten-year liability of article 17 remains: it is maintained by voluntarily contracting the ten-year insurance, which is what the financier or future buyer usually requests, and reinforcing the civil liability after the works.

The decennial is issued based on the monitoring of a technical control body that intervenes from the project phase, so seeking the policy with the structure already erected puts it out of reach. Therefore, the decision is made while the project is still open, also in industrial and tertiary assets, where contracting is voluntary and usually requested by the financier: the schedule that prevails is that of the control body, and it starts before the construction.