Consorcio de Compensación de Seguros: reporting storm damage in Spain
If a storm on Mallorca strips the roof, floods the terrace or overflows the pool, the first question isn't whether you're insured, but where you report the damage. For extraordinary weather events in Spain, it isn't your normal insurer alone who is responsible, but the Consorcio de Compensación de Seguros (CCS) – a public-law body that steps in as a safety net when private policies reach their limits. The special thing is: you're already paying for this cover, usually without knowing it. A compulsory surcharge on every home contents, buildings or vehicle policy funds the Consorcio. This guide explains how the surcharge works, which damages are covered, what applies for landlords in the event of loss of rental income, and how to report correctly and within the deadline after a storm.

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What is the Consorcio de Compensación de Seguros?
The Consorcio de Compensación de Seguros isn't a separate insurance policy that you take out, but a legally anchored system that runs in the background of every home contents, buildings or vehicle policy. It steps in when damage results from an event that the legal system classifies as "riesgo extraordinario" – extraordinary risk – primarily natural events of an extraordinary nature, but also events that are not of natural origin. Responsibility for compensating this damage lies with the Consorcio, not with your insurer alone – even though your insurer or broker may support you in reporting the claim.
Legally, the system is based on several regulations that together form the framework:
| Regulation | Governs |
|---|---|
| Real Decreto Legislativo 7/2004 | Estatuto Legal of the Consorcio de Compensación de Seguros (amended, among others, by Ley 12/2006 and Ley 6/2009) |
| Real Decreto 300/2004 | Reglamento del seguro de riesgos extraordinarios – basic rules for cover and surcharge |
| Real Decreto 1386/2011 | Introduction of geographic delimitation criteria to objectify the determination of an extraordinary event |
| Ley 50/1980 (Ley de Contrato de Seguro) | General duty to notify in the event of an insured loss (Art. 16) |
Note:Whether a storm is recognised as an extraordinary event is not decided by your personal perception of how severe the storm was, but by a technical determination based on defined criteria. These criteria were introduced following experience with several events of the type "tempestad ciclónica atípica" – the explanatory memorandum to the law explicitly names the storm "Klaus" here – in order to avoid disputes over classification.
The mandatory surcharge: you're already paying this
The most important practical point for owners in Mallorca: as a rule, you're already covered. On every standard policy for household contents, buildings or vehicles, a mandatory surcharge is levied in favour of the Consorcio. It is required by law and is shown separately – once for cover of direct damage, and once for loss of earnings (pérdida de beneficios). The surcharge rates are not set by the insurer, but by the Dirección General de Seguros y Fondos de Pensiones on the proposal of the Consorcio, and they are published in the Boletín Oficial del Estado.
| Feature of the surcharge | What this means for you |
|---|---|
| Mandatory | You cannot opt out of it – it is part of every standard property and motor policy |
| Shown separately | One item for direct damage, a separate one for business interruption |
| Officially set | The amount is determined by the DGSFP and published in the BOE, not freely calculated by the insurer |
| No fixed tariff figure in this guide | Rates change according to their own tariff decisions – you should ask your insurer or broker for current figures |
Important to understand: without a policy that carries this surcharge, there is no payout from the Consorcio. It is not a general state disaster fund and not a substitute for missing insurance. Anyone who has not insured their house, finca or car at all is left without this cover in the event of a claim.
Which events count as "extraordinary"?
The legal explanatory memorandum to the Reglament explicitly names flooding and wind phenomena, as well as the so-called tempestad ciclónica atípica, as the main risks. In addition, under its statutory mandate, the Consorcio also covers events that are not of natural origin. A definitive list with threshold values – for example, specific wind speeds or rainfall amounts – cannot seriously be summarised in a few sentences; it depends on the technical assessment made in each individual case.
In practical terms, this means for you as an owner: if a storm damages the terrace, pool, solar system or outdoor areas of your finca, you don't decide yourself whether it was "bad enough" – that is determined by the technical assessment. Your task is to document the damage properly and report it within the deadline.
Business interruption: the important restriction for landlords
Anyone letting a holiday property or running a small business should read this point particularly carefully: loss of earnings is only eligible for compensation if two conditions are met simultaneously.
- Your own policy covers loss of earnings in connection with one of the standard risks – fire, explosion, theft, atmospheric phenomena or machinery breakdown.
- There is additionally direct damage to insured items that belong to you or are at your disposal.
| Case | Coverage by the Consorcio |
|---|---|
| Direct damage to your own house/holiday property, policy covers loss of income | Yes, under the conditions mentioned |
| Loss of rental income because the access road is closed, but the property itself remained undamaged | No – no direct damage of your own |
| Business interruption because a supplier cannot deliver after the storm | No – the damage lies with third parties, not to your own property |
This is the practically most important exclusion for letting owners: loss of income arising from damage to other people's property – for example, because a supplier is itself affected – is not covered.
How to report the damage correctly
- In the event of acute danger to life or limb, call the emergency number 112 first.
- Photograph and date damage before you clean up or dispose of anything.
- Keep damaged items where possible instead of disposing of them immediately.
- Collect invoices, purchase receipts and, where applicable, proof of emergency repairs carried out to mitigate the damage.
- Find your policy and check whether and in what form the Consorcio surcharge is shown.
- Report the damage to your insurer or broker – they will forward the details to the Consorcio if the event is classified as extraordinary.
Note: The Consorcio provides compensation for extraordinary events, but in practice the claim is submitted via your own policy and your insurer or broker. Don't wait for official confirmation that your storm has been recognised as "extraordinary" before reporting it – that only delays processing.
Deadlines: How quickly do you need to act?
A deadline specifically tailored to the Consorcio cannot be stated here with complete certainty. What is clearly regulated, however, is the general principle of Spanish insurance contract law:
| Regulation | Content |
|---|---|
| Art. 16 Ley 50/1980 (Ley de Contrato de Seguro) | The insured event must be reported to the insurer no later than seven days after becoming aware of it, unless the policy provides for a longer period |
| Practical recommendation | Report immediately, document the report in writing and keep a copy |
Since individual policies may allow longer deadlines, it's worth checking your own contract terms. When in doubt: better to report too early than too late, as a delayed report can complicate the settlement process.
What the Consorcio does not cover
To avoid any false expectations, here are the limits clearly stated:
- No benefit without an existing, valid policy with the surcharge shown.
- No compensation for loss of income arising from damage suffered by third parties.
- There is no general state disaster fund covering all types of damage.
- Not every storm is automatically recognised as an extraordinary event – the classification follows technical criteria.
Vehicles and other policies
Motor policies can also carry the Consorcio surcharge; whether and how a specific storm-related vehicle claim is settled in an individual case again depends on the policy and the classification of the event. If you're already thinking about your vehicle insurance, you'll find further guidance in the Car Insurance Spain guide.
Most common mistakes after a storm
- Clearing up before photos were taken – meaning there's no evidence of the original condition.
- Not knowing your own policy and failing to realise that the surcharge is even part of your cover.
- Waiting too long because you want to see first whether the storm is officially classified as "extraordinary".
- Trying to claim for loss of rental income even though you haven't suffered any direct damage yourself.
- Disposing of damaged items too hastily instead of keeping them for assessment.
Checklist: After the storm
- Safety checked, 112 called in case of acute danger
- Damage photographed and dated, before any clearing up was done
- Damaged items kept where possible
- Policy retrieved and the stated Consorcio surcharge checked
- Damage reported immediately and the report documented
- Receipts, invoices and emergency repairs collected
For the actual repairs after reporting the damage, a local business can often help – in the Home, Garden & Services Directory you'll find contacts near you, and in the guide Tradesmen Mallorca you can find out what to look for when choosing one.
What happens next?
After the report has been filed, the further process – assessment, determination of the event as extraordinary, and the amount of compensation – lies in the hands of the insurer and the Consorcio. How long this takes in an individual case depends on the scale of the event and the number of claims reported; it's not possible to give a reliable general processing time. In the meantime, keep all receipts to hand and also document any emergency repairs you carry out to limit further damage.
Conclusion
For most property owners in Mallorca, the Consorcio de Compensación de Seguros isn't an unfamiliar system, but has long been part of their own policy – via the mandatory surcharge levied separately for direct damage and loss of income. After a storm, what matters most is documenting things quickly and thoroughly, submitting the claim through your own insurer or broker within the deadline, and, for rented properties, keeping in mind the restriction on loss-of-income cover. Without an existing insurance policy, however, the Consorcio remains ineffective – it does not replace a missing policy.
Official sources
- Real Decreto Legislativo 7/2004 – Estatuto Legal of the Consorcio de Compensación de Seguros (BOE)
- Real Decreto 300/2004, Reglamento del seguro de riesgos extraordinarios: https://www.boe.es/buscar/act.php?id=BOE-A-2004-3373
- Real Decreto 1386/2011, amendment to the Reglamento: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2011-16818
- Ley 50/1980, de 8 de octubre, de Contrato de Seguro (BOE)
- Dirección General de Seguros y Fondos de Pensiones (Ministerio de Economía) – responsible for setting the surcharge rates
- Emergency number Spain: 112