I visit Facebook most days and one topic I see mentioned a lot is regarding squatters in Spain.
There’s probably nothing more concerning if you have a holiday home out here than having to worry about squatters in Spain entering your empty house and taking up residence. Then having to work out how to deal with this matter.
I do think though, due to social media being so readily available, issues which are often quite small in actual numbers, such as squatters in Spain, can sometimes be brought to the forefront and made into a huge concern for some.
Current Legal Framework on Squatters’ Rights and Eviction in Spain (2024-2025)
In Spain, squatting (commonly referred to as okupas) has been a significant legal and social issue, leading to new legislative changes in 2024 aimed at expediting evictions. Here’s a breakdown of the key aspects regarding squatters in Spain rights and how to proceed with evictions.
Legal Framework on Squatting in Spain
In Spain, squatting (known as “okupación”) is governed primarily by:
- Spanish Civil Code (Código Civil) – Regulates property rights
- Criminal Code (Código Penal) – Articles 202-204 address home invasion
- Law 5/2018 – Sometimes called the “Express Eviction Law,” which modified civil procedures for squatter evictions
- Civil Procedure Law (Ley de Enjuiciamiento Civil) – Outlines eviction processes
1. The New Fast-Track Eviction Process (December 2024 Reform)
A new law was passed on December 19, 2024, significantly speeding up the eviction process for illegal occupants. The key provisions include:
- Faster evictions: The timeframe for eviction has been shortened, allowing homeowners to reclaim their property more swiftly.
- Trespassing (allanamiento de morada) vs. Usurpation (usurpación de vivienda):
- If squatters occupy a primary residence, they are committing trespassing, which is a criminal offense and allows immediate police action.
- If they occupy a vacant or secondary property, it falls under usurpation, which requires a judicial eviction process.
- New expedited court procedures: Judges now have the power to authorize immediate evictions in cases where the homeowner can prove rightful ownership.
- Police involvement: Law enforcement can remove squatters without the need for a court order if reported within the first 48 hours (the 48-hour rule).
📌 Reference: How the new ‘fast-track’ squatter eviction process works
2. Key Legal Aspects of Squatters’ Rights in Spain
Although Spanish law recognizes certain rights for long-term squatters under adverse possession (also known as usucapión), these are rarely applicable to modern cases due to strict legal conditions.
- The 48-hour rule: If a squatting incident is reported within 48 hours, the police have the authority to remove squatters without requiring a judicial eviction process.
- Squatters’ Rights & Adverse Possession:
- Squatters cannot claim ownership unless they have occupied the property continuously for 10 years and meet legal requirements.
- If the property is registered, this period extends to 30 years.
Squatters’ Rights in Spain
Spanish law distinguishes between different types of squatting situations:
- Recent squatting (less than 48 hours): Police can immediately remove squatters without a court order if the illegal entry is reported quickly.
- Established squatting (more than 48 hours): Legal proceedings are typically required, though the process was expedited by Law 5/2018.
- Long-term squatting: After a certain period (typically years), squatters might claim adverse possession rights (“usucapión”), though this is rare and requires demonstrating continuous, peaceful occupation.
Squatters in Spain do have some basic rights under Spanish law, including:
- Protection against self-help evictions (property owners cannot forcibly remove squatters themselves)
- Right to due process
- In some cases, right to temporary housing assistance if vulnerable (families with children, elderly, etc.)
📌 Reference: Protecting your property: Essential guide to squatting in Spain
3. Steps to Evict Squatters in Spain (2024-2025)
If your property has been occupied illegally, follow these steps:
A. Immediate Action (First 48 Hours)
✔️ Call the police – If reported within 48 hours, police can remove squatters immediately.
✔️ Provide proof of ownership – You will need to show documents such as a property deed (escritura) or rental contract.
B. Legal Action (After 48 Hours)
If squatters have been in your property for more than 48 hours, police action alone is insufficient, and you will need to initiate a legal eviction process:
- File a police report (Denuncia)
- Go to the Guardia Civil or Policía Nacional and file a complaint.
- Ensure you differentiate between “trespassing” and “usurpation” to determine the legal process.
- Initiate a civil or criminal eviction process
- If it is your primary residence, it qualifies as trespassing, and the criminal courts can expedite the eviction.
- If it is a vacant or secondary property, you must file a civil lawsuit for unlawful occupation.
- Court Ruling & Eviction Enforcement
- Under the December 2024 reforms, courts can now process these cases more quickly.
- Once the court issues an eviction order, authorities will proceed with the forced removal of squatters.
📌 Reference: New Squatters Law in Spain – HomeEspaña
4. Preventive Measures Against Squatters
- Install advanced security systems (e.g., smart locks, surveillance cameras).
- Regularly check vacant properties to ensure they are not left unattended.
- Hire a property management company if you do not live in Spain.
- Use anti-squatter insurance to cover legal expenses in case of occupation.
📌 Reference: How to avoid squatting in Spain – Alarmas Trablisa
🔹 Summary: How to Deal with Squatters in Spain (2024-2025)
| Scenario | Action Required |
|---|---|
| Squatters reported within 48 hours | Call the police (eviction without court order) |
| Squatters in a primary residence | File a criminal complaint (allanamiento de morada) |
| Squatters in a secondary or vacant property | File a civil eviction lawsuit (usurpación de vivienda) |
| Long-term squatters (10+ years) | Legal claim for adverse possession (usucapión) may apply |
| Preventive measures | Install security, hire property managers, use insurance |
By following these legal steps, you can ensure a faster resolution to squatting cases under Spain’s updated laws.
Another option is to speak to DESOKUPA2 who specialise in removing squatters in Spain, but this isn’t a cheap service, however from what I have seen, they are effective.
As with anything legal or visa related, I always suggest you seek PROFESSIONAL, LEGAL ADVICE to avoid things coming back to bite you on the ass months or years down the line!
