Protecting your property: Essential guide to squatting in Spain

Squatting, or 'okupación', is a pressing issue in Spain, particularly in urban areas where property ownership and housing shortages create a complex landscape. This phenomenon raises significant legal concerns, prompting the government to implement specific legislation to manage and mitigate its impact. For expatriates and residents alike, understanding these laws is crucial to protecting their properties from illegal occupation.

Understanding the different forms of illegal occupation in Spain

• Occupied residences: The illegal occupation of a home that serves as someone’s primary residence is classified as trespassing, known as allanamiento de morada. This offense is strictly punished under Articles 202 and 203 of the Spanish Penal Code.
• Vacant properties: The occupation of uninhabited properties, including second homes or residences that are not currently occupied by their owners, falls under usurpación, regulated by Article 245 of the Penal Code. This applies not only to properties owned by banks or large property owners but also to private homes that may be temporarily empty. While serious, usurpación carries a different legal weight than trespassing.
• Rental contracts: When tenants remain in a property against the owner’s wishes after their lease has expired, it is not strictly considered illegal occupation. In these cases, landlords must file an eviction lawsuit. This situation can evolve into inquiokupación, where it becomes difficult to determine whether the occupants are legal tenants or illegal squatters, particularly in instances involving vulnerable individuals.

Why is it so difficult to evict squatters?

Recent changes in the law have aimed to simplify the process for homeowners wishing to evict squatters. However, the judicial system in Spain remains slow and often delays decisions in favour of property owners. This situation poses a significant risk to expatriates and residents who own second homes or who may leave their homes for extended periods, whether to visit family or friends in their home countries or on holiday.

While the 2018 legislation introduced a framework that allows owners to obtain a decision within 20 days of reporting a squatting incident for primary residences, the process can still be complex, particularly for vacant properties. In cases where squatters have changed the locks, the eviction process can take longer and require additional legal steps.

Property owners continue to face high costs associated with legal representation, court fees and potential property damage, which can add to the overall burden of navigating the eviction process. Despite legislative progress, challenges remain and it is essential that property owners are informed and proactive in protecting their investments.

What to do if my property is squatted?

For primary residences:

• Act quickly: If you discover that your home has been occupied, report the incident to the police immediately. Time is of the essence, and the sooner you act, the better your chances of a swift resolution.
• 48-hour rule: If you report the squatting incident within the first 48 hours, the police have the authority to evict the squatters without needing a court order. This is crucial for protecting your rights as a homeowner.
• What if you miss the 48-hour window? If you are unable to report the occupation within 48 hours—perhaps due to being away on holiday or other commitments—don’t panic. You can still take action. Upon returning, contact the police to report the situation. Although the immediate eviction by police without a court order is no longer possible, they can still guide you on the next steps and document the squatting for your legal proceedings.

For second homes or vacant properties:

• After 48 hours: If more than 48 hours have passed and squatters have changed the locks, you will need to initiate legal proceedings to regain possession of your property. This can be a complex process, so it's important to be prepared.
• Legal options: You can pursue civil eviction proceedings or file criminal charges for usurpación (illegal occupation). Consulting with a legal expert can help clarify your options and the necessary steps to take.
• Using security systems: If you have a security system in place, it can help you detect any unauthorized entry within the first 48 hours. If you receive alerts that your property has been entered, report the incident to the police immediately, even if the squatters have been there for a short time. This documentation will be beneficial if you need to take legal action later.

Protect your property: Legal defence cover from Generali Expatriates

Generali Expatriates recognises the concerns of homeowners and offers an optional legal defence cover for homeowners in the event of illegal occupation of their property. This cover provides essential support to homeowners, ensuring that they have access to legal assistance when faced with the challenges posed by squatters.

If you're wondering "What should I do if my home is occupied?" or "Do I need squatter's insurance?" it's important to be proactive. Consulting legal experts or local authorities can always help you navigate the complexities of property rights and eviction procedures. Understanding how to protect your property against squatting is not only about legal knowledge, but also about peace of mind, especially when your home may be unoccupied for long periods of time.

By opting for Generali Expatriates' insurance cover, you can better protect your investment and ensure that you have the necessary resources to deal with any potential squatting issues quickly and effectively.

Don't hesitate and contact us today. Find your nearest broker or agent here or request a quote.