New builds: the DGSJFP accepts the ten-year insurance certificate with an electronic signature

BOE no. 249 of 7 October 2026 published an Instruction of 29 September 2026 of the Directorate-General for Legal Certainty and Public Faith that affects a characteristic property law operation: the deed of declaration of a completed new build.

The instruction refers to the guarantees of Article 20.1 of the Building Regulation Act, among them ten-year insurance, and completes the Instruction of 11 September 2000 of the former Directorate-General of Registries and Notaries, which set how to prove them to notaries and registrars.

The problem

The 2000 instruction was conceived for paper documents. Today some insurers issue their certificates electronically signed. The new instruction clarifies that this signature is valid: under the European eIDAS Regulation, a qualified electronic signature has a legal effect equivalent to a handwritten signature.

What it establishes

The instruction has four paragraphs:

1. First. It restates the 2000 instruction and clarifies that the ten-year insurance documentation, whether the certificate of guarantees or the supplement of entry into force, can be digitally signed. 2. Second. It sets three requirements for the electronic document: - It must include on the side or at the foot a secure verification code (CSV) or a QR code, so the notary or registrar can check on the insurer's website that the document matches the original. - The file must preserve the integrity of the signatures, usually in PAdES or PDF format. - The signatures of the insurer's representative and of the policyholder or developer must be based on qualified certificates issued by a qualified trust service provider. 3. Third. If the insurer provides the digitally signed certificate, the PDF is sent directly to the notary electronically to authorise the end-of-works deed. 4. Fourth. Once attested by the notary in the original deed, the document serves to prove the guarantee before the Land Registry. It can also be sent to the Registry through the private documents application of the Registrars' Association electronic office.

What does not change

The instruction recalls the content requirements of the 2000 one, which remain in force. Among others, the insured capital must be at least equal to the final cost of execution, the validity must be at least ten years from the handover of the works, and the deductible cannot exceed 1% of the capital insured per registry unit.

The new instruction does not deal with other issues, such as possible exemptions from the insurance for certain developers, which it does not mention.

What it means for firms

For lawyers advising developers, buyers or financial institutions on new-build transactions, the instruction has three practical consequences:

• Ask the insurer for the electronic certificate with CSV or QR code, and check that the format preserves the signatures.
• Coordinate with the notary's office the direct electronic sending of the certificate, to avoid unnecessary printing and cross-checking.
• Review the content of the certificate against the requirements of the 2000 instruction: capital, validity and deductible.

It is also wise to keep in the client's file a copy of the certificate and of the result of the code check, in case it must be proved later.

For private clients buying a home in a new development, ten-year insurance is an important guarantee, and it is worth explaining which document proves it and how they can check it. It is a small change, but in line with the digitalisation of procedures seen this year in other areas, such as mandatory e-invoicing. Those advising on property transactions must also bear in mind developments in leases, such as the new rental extension. More news in Industry news.