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Consorcio de Compensación de Seguros: reporting storm damage in Spain

Responsible for this content: Frank Menze

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.

Consorcio de Compensación de Seguros: reporting claims

Is your roof damaged and you don't know whether your policy covers it?

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.

  1. Your own policy covers loss of earnings in connection with one of the standard risks – fire, explosion, theft, atmospheric phenomena or machinery breakdown.
  2. 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

  1. In the event of acute danger to life or limb, call the emergency number 112 first.
  2. Photograph and date damage before you clean up or dispose of anything.
  3. Keep damaged items where possible instead of disposing of them immediately.
  4. Collect invoices, purchase receipts and, where applicable, proof of emergency repairs carried out to mitigate the damage.
  5. Find your policy and check whether and in what form the Consorcio surcharge is shown.
  6. 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
What exactly is the Consorcio de Compensación de Seguros?
A public-law body that regulates damage from extraordinary events, provided an existing policy includes the corresponding compulsory surcharge.
Do I need to take out additional insurance with the Consorcio?
No. The surcharge is automatically part of your home contents, buildings or vehicle policy and is collected via the insurer.
How do I recognise the surcharge on my policy?
It is shown separately, split between direct damage and loss of income. The amount is set by the Dirección General de Seguros y Fondos de Pensiones and published in the BOE.
Who decides whether a storm counts as an extraordinary event?
The classification follows defined criteria – since RD 1386/2011 also geographical ones – not a subjective assessment of how severe the storm felt.
Does the Consorcio also pay for loss of rental income on let properties?
Only if your policy covers loss of income in connection with fire, explosion, theft, atmospheric phenomena or machinery breakdown, and there is also a separate direct loss.
What happens if I have no insurance at all?
Then there is no payout. The Consorcio does not substitute for a missing policy and is not a general state disaster fund.
How quickly must I report a claim?
The general principle under Art. 16 of the Ley 50/1980 provides for at least seven days from becoming aware of it, unless your policy allows a longer period.
Does the compulsory surcharge also apply to motor insurance?
Yes, vehicle policies can also carry the Consorcio surcharge; the specific handling of a claim depends on the policy and the classification of the event.