Posthumous ten-year policy for newly built properties: mandatory and useful for buyers and owners

In the context of the Italian real estate market, the purchase of a newly built property represents an opportunity for many, but also involves risks linked to potential defects.

For buyers, condominium managers and owners, the ten-year posthumous policy offers a concrete form of protection. Established by Legislative Decree 122/2005, this insurance covers damages resulting from serious defects for a period of 10 years from delivery. Below, a practical analysis of its main features, with a focus on the legal obligation and benefits.

The policy and its legal obligation Requirements and purposes
The ten-year posthumous policy is insurance that protects against material and direct damage caused by serious construction defects, such as partial or total ruin of the property or problems that compromise its stability and usability.

The text of the law issued with the Ministerial Decree 154/2022, defines the standard model of insurance coverage, referring to the structures, the casing, the roof waterproofing, plasters and facades, flooring, i.e. the elements characterizing the property.

It is mandatory for the builder in the case of the sale of properties to be built or newly built, and the rights are transferred to the buyer at the time of the deed.

This mechanism, confirmed by the Court of Cassation in 2025, guarantees immediate coverage for the buyer, avoiding direct exposure to the seller's risk and protecting the quality of the property.

For condominium administrators and owners, this policy is particularly relevant in collective contexts, where a single defect can impact multiple units and make the management of repairs and/or individual compensation difficult.

Main features: indemnity and ready to use
The policy is of an indemnity type, which means that it provides direct financial reimbursement for the damage suffered due to an accident covered, allowing reconstruction costs to be covered.

It becomes operational upon payment of the premium, verified at the time of the deed, and covers future events until the tenth year of the property's life, activating the claim settlement procedure provided for in the policy.

The decree defines the standard model, reports the policy technical sheet which insurance companies must comply with, in compliance with the minimum coverage conditions, the certificate of conformity of the insurance policy and provides that the policyholder, at the time of the deed, must present a copy of the policy and the certificate of conformity.

The "Milleproroghe decree" of February 2023 introduced a transitional regime for the entry into full force of the ten-year posthumous text applicable to properties with building permits issued after 5 November 2022.

Considering the average duration of the works of approximately 2-3 years, this regime can be considered exhausted and the rule fully applied.

A preventive technical control by an accredited body pursuant to the UNI/ISO 17020 standards, which carries out on-site inspections and project analysis, is mandatory for issuance.

A virtuous circle is therefore created in favor of the quality of the construction thanks to the intervention of third-party experts who follow the works in order to guarantee the insurability of the asset.

A practical example
Let's consider a real case: a buyer discovers leaks from the roofing in the recently purchased apartment in a new condominium.

Without insurance, he would have to face legal costs and potential lawsuits to have the damage and compensation recognized, once the seller-builder's responsibilities have been defined.

With the ten-year posthumous compensation, the compensation covers the damages, once the existence of the accident has been ascertained, thanks to a specialized expert appointed by the company, and the amount has been paid directly by the insurance company.

Furthermore, the policy also covers civil liability for damages to third parties resulting from the same defects of the property covered; think for example of the detachment of an insulating coat or a covering element which damages third party property or even causes injury to a passerby.

Compensatory and immediate, an effective obligation
The ten-year posthumous policy is a legal obligation for newly built properties which, due to its indemnifying and immediate nature, provides concrete financial security in a sector where the costs of intervention for serious defects can be high.

Buyers must verify its presence at the time of the preliminary sale and in the deed, assisted by the notary in charge, while administrators and owners will be able to benefit from it to speed up the compensation procedures and have immediate compensation at the time of the accident, i.e. when they need the certainty of having funds available for immediate repairs.