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Mandatory Insurance

1. Construction Obra Insurance (Seguro de Obra)

Imagine a construction site in Buenos Aires. A sudden storm causes a partially completed floor to collapse. The structure is damaged, materials are lost, and work must stop for weeks. Who pays for the reconstruction?

The seguro de obra — also called "todo riesgo construcción" — is designed to cover physical damage to the structure under construction. Argentine law requires this coverage for projects above certain thresholds, and many municipalities have their own permit requirements that include proof of this insurance.

What it typically covers

Structural damage from fire, lightning, explosion, and certain natural events
Theft of materials incorporated into the structure
Damage from construction equipment malfunction
Third-party property damage in some policy configurations

Common exclusions to ask about

Design errors or defects in specifications
Damage to existing structures adjacent to the construction
Gradual deterioration or wear
Flooding in areas classified as flood zones

Questions to ask the developer

Who is the named insured — the developer, the construction company, or both?
What is the sum insured and how was it calculated?
Does the policy cover the full construction period including extensions?
Can I receive a copy of the policy certificate?
Construction obra insurance policy documents
Required Coverage

2. Constructor Civil Liability Insurance

Construction affects more than just the building site. Neighboring properties, pedestrians, and third parties can be harmed by construction activities — falling debris, vibrations, dust, or structural movement. When that happens, someone must be legally and financially responsible.

The constructor's civil liability insurance covers claims from third parties who suffer bodily injury or property damage as a result of construction activities. This is distinct from the obra insurance, which covers the structure itself.

Key coverage elements

Third-party bodily injury caused by construction operations
Damage to neighboring properties from vibration or structural movement
Legal defense costs in civil liability claims

Documents to request

Certificate of insurance naming the construction address
Policy number and insurer name registered with SSN
Coverage limits per occurrence and in aggregate
Policy expiration date and renewal confirmation
Construction site civil liability coverage
Financial Guarantee

3. Advance Payment Surety Bond (Caución de Anticipo)

You transfer funds to a developer before a single brick has been laid. It happens in thousands of Argentine real estate transactions every year. The caución de anticipo exists precisely for this moment — to provide a financial guarantee that the advance will be repaid if the developer fails to perform.

A surety bond (caución) is not insurance in the traditional sense. It is a three-party arrangement: the principal (developer), the obligee (investor), and the surety (insurance or financial company). If the principal defaults, the surety compensates the obligee up to the bond amount.

What investors should understand

The bond amount should correspond to the advance payment made
The bond must remain valid throughout the period the advance is at risk
The triggering event (default) must be clearly defined in the bond document
Claim procedures and timelines vary between surety providers

Questions to ask before paying an advance

Is the caución issued by an entity registered with the SSN or BCRA?
What constitutes a default under this bond?
How long does the claim process typically take?
Does the bond amount decrease as construction milestones are reached?
Surety bond advance payment documents Argentina
Labor Law Obligation

4. Mandatory Worker Life Insurance

Construction is one of Argentina's highest-risk industries for workplace accidents. Argentine labor law requires employers in the construction sector to maintain mandatory life insurance for all registered workers — separate from and in addition to ART coverage.

For investors in collective projects, this matters because unregistered workers or gaps in coverage create legal and financial exposure for the project. A workplace fatality on a project with incomplete insurance compliance can trigger legal proceedings that affect the entire investment structure.

What the law requires

Mandatory life insurance for each registered construction worker
ART coverage for occupational risks and accidents
Proper worker registration with AFIP and the social security system

How investors can verify compliance

Request the ART certificate (certificado de cobertura ART) for the project
Ask for confirmation that all workers are registered with AFIP
Verify the ART is registered and current with the SRT (Superintendencia de Riesgos del Trabajo)
Construction workers with safety equipment Argentina
Post-Delivery Coverage

5. Post-Sale Coverage Policy

The handover ceremony is not the end of the insurance story. Argentine law — specifically Article 1273 of the Civil and Commercial Code — establishes a ten-year warranty period for structural defects in construction. Understanding what this means in practice is essential for any investor who receives a unit.

Some developers also offer post-sale insurance policies that extend coverage beyond the statutory warranty. These policies vary significantly in scope, exclusions, and the claims process. Knowing what you have — and what you don't — before taking possession is the key question this guide addresses.

Statutory warranty under Argentine law

Ten-year warranty for structural defects (Art. 1273 CCyCN)
One-year warranty for functional defects in non-structural elements
Developer liability for defects that compromise habitability

What to clarify at handover

Is there a separate post-sale insurance policy, and who is the beneficiary?
What defects must be reported within what timeframe?
What is the claims procedure for post-delivery defects?
Does the developer maintain a reserve fund for post-sale claims?
Completed building post-sale warranty Argentina

Have questions about a specific project?

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