Squatting in Spain: What You Can Legally Do as an Owner

🇪🇸 Read the original in Spanish

Illegal squatting (okupación) is one of the biggest concerns for property owners in Spain. The feeling of vulnerability upon discovering that a third party has entered your property without your consent generates not only financial damage but also deep emotional distress. The Spanish legal system provides legal mechanisms to recover possession of a property, but it is essential to act quickly, with a cool head, and in strict compliance with the law to prevent the remedy from being worse than the disease. Below, we analyze in depth what you can legally do if you find yourself in this situation, under the framework of current legislation.

Key Legal Difference: Trespassing vs. Usurpation

Before initiating any legal action, it is essential to distinguish between two concepts that the Spanish Penal Code punishes very differently. The legal strategy and the speed of police intervention depend critically on this distinction.

The crime of trespassing (allanamiento de morada - Article 202 of the Penal Code)

This occurs when the occupied property constitutes the dwelling (morada) of a person, meaning the place where they reside and develop their private life.

• Second homes: The Supreme Court has consolidated the doctrine that second homes (such as holiday apartments) are also considered a "dwelling" if they are furnished and registered for water and electricity utilities, as the owner inhabits them during specific periods.
• Consequence: As this is a serious crime against the privacy of the home, the Policía Nacional (National Police) or the Guardia Civil (Civil Guard) can intervene immediately, proceeding with the eviction and arrest of the occupants without the need for a prior court order, provided they act quickly after the intrusion is detected.

The crime of usurpation of real estate (usurpación de bienes inmuebles - Article 245.2 of the Penal Code)

This occurs when the occupied property does not constitute anyone's dwelling. This is the typical case of empty apartments owned by banks, investment funds, or properties belonging to individuals that are abandoned, in ruins, or completely uninhabited and unfurnished.

• Consequence: Since the right to family privacy is not protected here, but only the right to property, immediate eviction is much more complex. It generally requires initiating a judicial procedure (either through criminal or civil channels) for a judge to order the eviction (lanzamiento).

Legal Pathways to Recover Your Property

If your property has been squatted, you have two major judicial routes at your disposal. The choice between them will depend on the circumstances of the squatting and the nature of the owner (an individual or a large property holder).

1. The civil route: Express Eviction (desahucio exprés - Law 5/2018)

This reform of the Ley de Enjuiciamiento Civil (Civil Procedure Act, or LEC) modified Article 250.1.4º to speed up the recovery of illegally occupied homes. It is the most recommended route for individuals, non-profit entities, and public administrations.

• How it works: A verbal trial lawsuit (demanda de juicio verbal) is filed requesting the immediate delivery of possession. The court requires the occupants to provide, within a period of 5 days, the legal title justifying their possession (for example, a rental contract). If they do not provide it, the court will issue an order decreeing immediate eviction, against which there is no appeal with suspensive effects.
• *The limitation of the Housing Law (Ley de Vivienda - Law 12/2023): This law has introduced significant procedural obstacles into the LEC (Articles 439 and 441). Now, the plaintiff must specify whether the property constitutes the occupant's habitual home and declare under oath whether or not they are a "large property holder" (gran tenedor* — an owner of more than 10 urban properties, or 5 in stressed housing areas). If the owner is a large property holder and the occupants are in a situation of economic vulnerability, the process can be temporarily suspended until housing alternatives are sought by the public administrations.

2. The criminal route: Complaint for usurpation or trespassing

This consists of filing a complaint (denuncia) with the Police, the Civil Guard, or the Duty Court (Juzgado de Guardia).

• Precautionary eviction measure: In the written complaint, it is vital to expressly request the precautionary measure of immediate eviction (under Article 13 of the Ley de Enjuiciamiento Criminal - Criminal Procedure Act). If the investigating judge sees clear evidence of a crime and urgency, they can decree a preventive eviction before the trial takes place. However, if the court does not accept the precautionary measure, the criminal process can drag on for months or even years.

Practical Step-by-Step Guide in Case of Squatting

If you discover that your property has been squatted, you must strictly follow these steps to maximize the chances of a quick eviction:

1. Do not enter the property or confront the occupants: Avoid any physical or verbal altercation that could be used against you.
2. Gather the property documentation: Locate the deeds of sale (escrituras de compraventa) of the property, an updated property registry certificate (nota simple) from the Registro de la Propiedad (Property Registry), and your utility bills (electricity, water, gas).
3. Go immediately to the police station or court: File a complaint detailing whether it is your habitual residence or a second home. Provide the gathered documentation and any proof of the recent occupation (witnesses, triggered alarms, photos).
4. Request the precautionary eviction measure: Make sure the police officer writes the request for immediate precautionary eviction into the complaint.
5. *Contact a lawyer (abogado) and court agent (procurador):* If the rapid police route does not work, you will need legal representation to file a civil express eviction lawsuit urgently.
6. Do not cut off the utilities: Keep the water, electricity, and gas contracts active, no matter how unfair it seems (see the section on errors to avoid).

Deadlines, Costs, and Key Figures of the Process

The process of recovering a home involves financial costs and timeframes that vary depending on the chosen route and the backlog of the local courts.

• The 48-hour myth: There is an urban legend that if 48 hours pass, you can no longer kick out the squatters (okupas). This is false. There is no article in Spanish law that mentions this timeframe. What determines immediate police action is a "flagrant crime" (delito flagrante). If the police confirm that a crime of trespassing is being committed at that very moment (thanks to alarms, calls from neighbors, or witnesses), they can intervene without a warrant, regardless of how many hours have passed.
• Average duration of the judicial process: A civil eviction through the "express eviction" route usually takes between 6 and 12 months to resolve in Spain, although in cities with highly backlogged courts it can extend up to 18 months.
• Estimated financial costs:
• Lawyer's fees: Between €800 and €1,500, depending on the complexity of the case.
• Court agent (procurador) fees: Between €200 and €400.
• Locksmith for the day of the eviction: Between €150 and €300.
• Loss of rent and damage to the property: Variable, but usually ranges between €3,000 and more than €10,000 in cases of severe destruction.

Practical Examples of Squatting

To better understand how these dynamics operate in reality, we analyze two common scenarios.

Example 1: Squatting of María's second home

María has an apartment on the beach in Dénia that she uses during holidays and some weekends throughout the year. In November, a neighbor calls her to warn her that there are lights on and strange people inside.

María travels immediately, checks that the lock has been changed, and goes to the Civil Guard with the deeds to the apartment and the electricity bills in her name. Since it is a furnished second home ready for use, case law classifies it as a dwelling (morada). The Civil Guard, upon confirming the flagrancy and ownership, goes to the property, identifies the occupants, and, since they cannot show any contract, proceeds to evict and arrest them for an alleged crime of trespassing (allanamiento de morada). The process is resolved in less than 24 hours.

Example 2: Squatting of an empty apartment inherited by Carlos

Carlos has inherited an old apartment in Madrid that has been empty, unfurnished, and up for sale for a year. A group of people forces the lock and moves in. Carlos finds out two weeks later through the community of owners (comunidad de propietarios).

Since it is not furnished and does not constitute Carlos's dwelling, the case is classified as usurpation (usurpación — a minor offense). The police cannot evict directly because there is no flagrancy and it is not a dwelling. Carlos must hire a lawyer and file a civil express eviction lawsuit. The total cost of the procedure (lawyer, court agent, and locksmith) amounts to €1,400. The court takes 8 months to set the date for the eviction (lanzamiento), a period during which Carlos must continue paying the property tax (IBI) and community fees, assuming an indirect financial loss of about €2,500.

Errors You Must Avoid

In the desperation of seeing your property usurped, it is easy to make serious mistakes that can turn against you, making you, the owner, the accused party.

• Cutting off water, electricity, or gas utilities: Even if you are paying the bills of the squatters, if you cancel the utilities or deliberately stop paying them to force them out, the occupants can report you for a crime of coercion (coacciones - Article 172 of the Penal Code). Case law considers this taking the law into your own hands.
• Changing the lock on your own: If you take advantage of a moment when the occupants have gone out to change the lock on the door, you will be committing a crime of trespassing or coercion, since, legally, they have established their home there (even if illegally) and their possession is constitutionally protected until a judge rules otherwise.
• Entering by force or threatening them: Accessing the property to confront them, using physical violence, or hiring people to coerce or threaten them is a quick way to end up arrested by the police and facing prison sentences.
• Delaying the complaint: The more time that passes from when the squatting occurs to when it is reported, the more difficult it will be for security forces to claim a "flagrant crime" to intervene immediately without waiting for a judge's order.

Frequently Asked Questions (FAQ)

What happens if the occupants have minor children?

The presence of minors is a highly sensitive factor. The 2023 Housing Law obliges courts to notify the competent social services before executing an eviction. If it is confirmed that the minors are left in a situation of helplessness or extreme vulnerability, the eviction can be temporarily suspended (normally between 1 and 2 months for individual owners, or up to 4 months if the owner is a large property holder) until the administration offers them a housing alternative.

Is it useful to hire an eviction company (empresa de desokupación)?

Legal eviction companies operate through mediation methods and access control (monitoring entry and exit while respecting the common areas of the building). They are legal as long as they do not use violence, intimidation, or forcibly prevent entry to the home while the occupants are inside. It is essential to ensure that the chosen company acts strictly within the framework of the law to avoid subsidiary criminal liability for the owner.

If my tenant stops paying the rent, are they a squatter?

No. Legally, a tenant who stops paying rent is not a "squatter" (okupa / usurper), but a defaulting tenant (arrendatario moroso). They entered the property legitimately through a contract protected by the Ley de Arrendamientos Urbanos (Urban Leases Act, or LAU). In this case, the criminal route for usurpation and the express eviction of the 2018 Law do not apply. A civil lawsuit for eviction due to non-payment (desahucio por falta de pago) regulated in the Civil Procedure Act must be filed.

Does home insurance cover the expenses derived from illegal squatting?

It depends on the policy contracted. Many mid-range and high-end home insurance policies include specific legal defense (defensa jurídica) coverage for cases of illegal squatting. This coverage usually covers lawyer and court agent fees up to a certain limit (for example, €3,000), and sometimes also covers compensation for material damage caused to the property or for lost rent. It is highly recommended to review the conditions of your policy.

In Summary

• Key difference: Trespassing (habitual residence or second home) allows for quick police expulsion; usurpation (empty apartments) generally requires a slower judicial process.
• The fastest civil route: The "express eviction" procedure (Article 250.1.4º of the LEC) is the ideal route for individuals, requiring occupants to justify their stay within 5 days.
• Beware of the Housing Law: The 2023 reform introduces more social vulnerability control procedures, which can delay deadlines if the owner is a large property holder.
• Never act on your own: Cutting off the electricity, changing the lock, or threatening the occupants will constitute a crime of coercion or trespassing, turning you into the offender before the law.
• Speed is your best ally: Reporting immediately after detecting the intrusion is vital so that security forces can act urgently under the assumption of a flagrant crime.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.