Professional liability · Architects and engineers · Portugal & Spain

Professional indemnity for architects and engineers

A signature villa in Comporta, the restoration of a Lisbon palace, a house in Mallorca for a foreign client. Whoever designs, coordinates or supervises a building remains liable for years — and in Portugal the law requires that liability to be insured.

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ASF-registered insurance intermediary · Portugal & Spain · Written response in 48–72 business hours

Reviewed by Hugo Gonçalves, Founder & Risk Management Specialist at Adler & Rochefort · Degree in Business Management (University of Hertfordshire) · Ongoing training at the Chartered Insurance Institute (CII), London.

The profession and where the risk sits

Architects and engineers increasingly work for international clients, on high-value projects with tight deadlines and many parties. Claims arrive years later: water ingress, cracking, non-compliance with the licence, delays blamed on the design, construction costs above budget.

Design and coordination errors between disciplines.
Site management and supervision — what was approved on site.
Licensing — non-compliance that delays or prevents occupation.
Restoration of old buildings — where the existing structure hides surprises.

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Tell us the essentials and we'll come back to you within 48 to 72 business hours — a careful look at your real exposure takes longer than a generic form.

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Leave just the essentials and we reply within 48–72 working hours. We ask for the rest by email.

What we will ask for your quote

After the first contact we ask for these details by email. If you have them to hand, you can send them now to insurance@adlerrochefort.com.

Name
Date of birth
Full address
Driving licence issue date
Registration number

By sending this form you agree to us using your details to prepare and discuss your quote, in line with our privacy policy. We never sell your data. Adler & Rochefort is a trading name of Ownizo, Unipessoal Lda., registered with the ASF under no. 425591790/3.

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What is compulsory in Portugal and in Spain

Portugal

Lei n.º 31/2009 (art. 24) requires the project coordinator, the authors of the project, the site director and the supervision director, among other technicians, to hold liability insurance; the companies they work for may be the policyholders. Minimum conditions are set by government order, according to qualification, functions and the value of the works.

Spain

The Ley de Ordenación de la Edificación (Ley 38/1999, art. 17) makes the parties to a building — including the designer and the site supervision team — liable for ten years for structural damage and three years for defects affecting habitability. There is no general national obligation on an individual architect to insure, but professional companies must insure their liability (Ley 2/2007, art. 11.3), and professional associations and clients often require it.

What the policy should cover

Every function you perform — design, coordination, site direction, supervision — declared.
Limits per project and per year suited to the value of the works.
Retroactive cover for earlier projects, and run-off after you stop.
Projects in Spain or elsewhere, when there are any.
Legal defence and expert costs.

Common mistakes

Insuring design but not site direction.
Not raising limits when the practice moves to higher-value projects.
Cancelling cover on retirement while buildings are still within the liability periods.
Assuming the developer’s decennial insurance protects the designer — it protects the buyer.

Frequently asked questions

Is liability insurance compulsory for architects in Portugal?

For those performing the functions listed in Lei n.º 31/2009 — project coordination and authorship, site direction and supervision, among others — yes (art. 24). Minimum conditions are set by government order.

And in Spain?

The LOE sets ten- and three-year liability for the parties to a building, but does not impose general insurance on the individual architect. Professional companies must insure their liability under Ley 2/2007.

Does the decennial insurance on the building cover the architect?

No. Decennial insurance protects the buyer against structural damage. If the insurer pays, it can then pursue those responsible — including the designer. The architect’s professional indemnity is a separate policy.

What limit should I buy?

It depends on the value of the works, the functions you perform and what contracts require. We review the project portfolio before proposing a limit.