Key data
| Regulation | Instruction of September 29, 2026, from the General Directorate of Legal Security and Public Faith (DGSJFP) |
|---|---|
| Regulation it updates | Instruction of September 11, 2000, from the General Directorate of Registers and Notaries |
| BOE Publication | October 7, 2026 |
| Entry into force | October 7, 2026 (immediate application) |
| Affected parties | Developers, builders, notaries, registrars and ten-year insurance underwriters |
| Category | Real Estate / Building Management Law (LOE) |
| Reference legal framework | Art. 20.1 LOE and eIDAS Regulation (qualified electronic signature) |
| Required document format | PAdES / PDF with qualified electronic signature |
If you are a real estate developer or work with ten-year insurance underwriters, this change saves you time and travel for each project closure. From October 7, 2026, the DGSJFP Instruction eliminates the requirement for notarial authentication of the insurer representative's handwritten signature, one of the most common bottlenecks in the registration of completed new construction.
The regulation updates the Instruction of September 11, 2000 from the General Directorate of Registers and Notaries, adapting it to the legal framework for electronic signatures established by the eIDAS Regulation of the European Union.
What does this regulation establish?
The new instruction clarifies and updates the procedure for proving to notaries and registrars the establishment of ten-year insurance required by article 20.1 of the Building Management Law (LOE). The specific changes are as follows:
| Aspect | Before (2000 Instruction) | Now (2026 Instruction) |
|---|---|---|
| Signature of guarantee document | Handwritten signature of insurer representative with notarial authentication | Qualified electronic signature (same legal value as handwritten, in accordance with eIDAS) |
| Sending to notary | Physical document on paper | PDF file sent electronically to notary |
| Document verification | Notarial authentication of signature | CSV or QR code verifiable on the insurer's website |
| Required format | Not digitally specified | PAdES / PDF with signature from Qualified Trust Service Provider |
| Authentication in deed | Physical incorporation of document | Notary authenticates the PDF in the end-of-work deed |
| Sending to Property Register | Document on paper | Electronic document, subsequently to the Property Register |
In summary: the ten-year insurance policy or guarantee certificate can now be signed with qualified electronic signature, with full legal value. To be valid before a notary or registrar, it must meet three cumulative technical requirements:
- Include a CSV (Secure Verification Code) or QR code verifiable on the insurer's website.
- Be in PAdES/PDF format.
- Have a signature issued by a Qualified Trust Service Provider.
Economic and operational impact
The main impact is not economic in terms of new fees or direct costs, but rather operational and efficiency-related: it eliminates a bureaucratic friction that slowed down the registration of completed new construction.
- Elimination of notarial authentication costs for the insurer representative's signature, which until now required an additional notarial act.
- Reduction in timelines for registration of completed new construction: the PDF can be sent electronically to the notary without the need for travel or in-person management.
- Lower risk of delays in real estate projects due to incomplete or defective documentation at the time of execution of the end-of-work deed.
- Simplification for insurers: they can issue and transmit the policy or certificate entirely in digital format, without managing physical signatures of representatives.
For developers with multiple active projects simultaneously, the accumulation of these savings per operation can be significant in terms of management time and administrative costs.
Who does it affect?
- Real estate developers: must ensure that their insurer issues the ten-year policy or certificate in PAdES/PDF format with qualified electronic signature and verifiable CSV or QR code.
- Builders: in cases where they also act as developers, same obligation.
- Ten-year insurance underwriters: must adapt their document issuance systems to generate documents compliant with the new technical standard (PAdES, qualified signature, CSV/QR).
- Notaries: must be prepared to receive the document electronically and authenticate it in the end-of-work deed.
- Property registrars: must accept the electronic document for registration of completed new construction.
Practical example
A Madrid developer completes construction of a residential building with 20 apartments and must execute the end-of-work deed before a notary to proceed with the sale of the units.
Before October 7, 2026: the insurer issued the ten-year insurance policy on paper, with the handwritten signature of its representative. That signature had to be authenticated before a notary (additional act, with its cost and timeline). The physical document traveled to the notary who would authorize the end-of-work deed.
From October 7, 2026 onwards: the insurer generates a PDF in PAdES format with qualified electronic signature issued by a Qualified Trust Service Provider, and includes a QR code verifiable on its website. It sends that file by email to the notary. The notary verifies the signature and QR code, and authenticates the document in the end-of-work deed. The deed, together with the PDF, is sent electronically to the Property Register. No additional travel, no prior authentications, no paper.
What should companies do now?
- Developers: contact your insurer to confirm that it already issues the ten-year insurance policy or certificate in PAdES/PDF format with qualified electronic signature and verifiable CSV or QR code. If not yet, demand the adaptation timeline.
- Insurers: adapt document issuance systems to generate compliant documents: PAdES/PDF format, signature issued by Qualified Trust Service Provider, and inclusion of verifiable CSV or QR code on own website.
- Notaries and management firms: update reception protocols for ten-year insurance documentation to accept electronic sending of the PDF and its authentication in deed, without requiring handwritten signature authentication.
- Developers with ongoing works nearing completion: coordinate with notary and insurer before execution of the end-of-work deed to apply the new procedure from day one.
- Verify that the Trust Service Provider used by your insurer is listed in the list of qualified providers recognized in accordance with the eIDAS Regulation.
Frequently asked questions
What technical requirements must the ten-year insurance policy meet to be valid with electronic signature?
The policy or guarantee certificate must meet three cumulative requirements: be in PAdES/PDF format, include a CSV (Secure Verification Code) or QR code verifiable on the insurer's website, and have a signature issued by a Qualified Trust Service Provider in accordance with the eIDAS Regulation. If any of these three elements is missing, the document will not be valid before a notary or registrar.
From when can electronic signature be used for ten-year insurance before a notary?
From October 7, 2026, the date of publication and entry into force of the Instruction from the General Directorate of Legal Security and Public Faith. Application is immediate: there is no transitional period.
Is notarial authentication of the insurer representative's signature still mandatory?
No. The new instruction eliminates the requirement for notarial authentication of the insurer representative's handwritten signature. With qualified electronic signature in accordance with eIDAS, the document has the same legal value as the authenticated handwritten signature, without the need for that additional step.
How does the ten-year insurance policy reach the notary with the new system?
The PDF file can be sent electronically to the notary, who will authenticate it in the end-of-work deed. Subsequently, the deed and document are sent to the Property Register. Physical transfer of the paper document is not necessary.
What previous regulation does this instruction modify?
It updates the Instruction of September 11, 2000 from the General Directorate of Registers and Notaries, which regulated the way to prove to notaries and registrars the establishment of guarantees required by article 20.1 of the Building Management Law. The 2000 instruction did not contemplate qualified electronic signature as a valid means of proof.
Official source
Consult complete regulation in official source (BOE-A-2026-20824)
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-20824
