In Spain, squatting is one of the biggest annoyances for homeowners, next to tenants not making their payments. Squatters sometimes see their occupation as a protest or a way to fight against the system, but often it is simply abusing loopholes in the law. For homeowners, it is mostly a source of frustration, loss and legal complications. Especially for people who have worked hard to buy their own property or have their holiday home abroad, occupation by squatters can be the nightmare you would rather avoid.
In this blog, we give you an insight into the origins of squatter ‘culture’, what you can do to prevent squatters AND what has recently changed in legislation, making it less complicated for homeowners to get rid of squatters.
The ‘right to shelter’ in Spain is enshrined in the 1978 Constitution, adopted after the end of Francisco Franco's dictatorship and with it the transition to democracy. Article 47 of the Constitution recognises the right to housing as a social right, with the government responsible for promoting access to housing. This article states that ‘persons have the right to protection of their housing’ and that the state guarantees the right to housing.
After the adoption of the Constitution, several legislations were passed to further strengthen the right to housing, such as the Ley de Vivienda (Housing Act) and the Ley del Derecho a la Vivienda (Right to Housing Act). These laws gave the government the task of providing affordable housing for citizens, especially vulnerable groups.
Yet the challenge of housing shortage persisted, especially after the real estate crisis of 2008, which led to an oversupply of vacant properties, while many people did not have access to affordable homes. This lack of affordable housing, combined with legal shortcomings, contributed to the growth of the okupas (squatters) problem in Spain.
Squatting is the unlawful occupation of an empty property without the owner's permission. This can range from a few people temporarily settling in a property to organised groups occupying a property and sometimes even using mafia-like practices to demand ransom for eviction. It is often difficult for homeowners to take quick action because of the inertia of the legal system, but there are ways to protect yourself.
Fortunately, legislation has recently been passed that makes it easier to evict squatters from your home faster. The Justice Efficiency Act, passed on the 19th of December 2024, speeds up the legal process for evicting squatters and allows for quick action.
With the new law, cases of squatting can now be handled much faster. The procedure consists of a number of steps:
Thanks to this change in the law, the eviction of squatters can be completed within 15 days, which is a huge acceleration compared to the previous situation, where it took an average of two years to evict a squatter. In some regions, it can take even longer.
It is often thought that squatters cannot be evicted after 48 hours, but this is not entirely true. The 48 hours applies as a guideline to determine whether there is flagrant trespass, which means that the police can intervene without a court order. However, after the 48 hours, a court order is needed to remove the squatter from the property, which can delay the process. Therefore, it is important to take action as soon as you notice that your property is squatted.
The new law finally allows homeowners to evict squatters faster and more efficiently. However, it is still important to take the right preventive measures to avoid becoming a victim of squatting in the first place.
Make sure you have good security, be careful with housing ads, ask neighbours to keep an eye on you when you are away for a while and act quickly, if you notice your property has been squatted. With the right steps, you can minimise the risk of squatting and get your home back quickly if it does happen.