New squatter legislation in Spain
In recent years, Spain has grappled with the challenge of illegal property occupation, commonly referred to as ‘squatting’ by so-called ‘okupas’. Lax laws meant property owners often faced prolonged legal battles to expel these illegal occupants and reclaim their homes. However, recent legislative reforms aim to expedite the eviction process and strengthen homeowners’ rights.
New Legislation
The Spanish government has now (finally) introduced significant amendments to the Criminal Procedure Act to address the squatting issue more effectively, resulting in the following
- Fast-Track Evictions – the new law, approved on December 19, 2024, introduces a “fast trial” process for cases of trespassing (allanamiento de morada) and property usurpation (usurpación de vivienda). This reform aims to resolve such cases within approximately 15 days, a substantial improvement over the previous average timeframe of two years
- Judicial Efficiency – by streamlining procedures related to illegal occupations, the reform enhances the efficiency of the Public Justice Service, ensuring swifter resolutions for property owners
- Legal Framework – the expedited eviction process is governed by the Civil Procedure Law (LEC), whose latest revisions specifically address illegal property occupations
A notable aspect of the reform is its approach to cases involving squatters with dependent minors. Previously, economic vulnerability or the presence of children could significantly delay eviction processes, in many cases resulting in occupants being granted ‘squatters rights’ until the youngest minor reached the age of 18. Under the new law, such factors no longer impede the expedited eviction process, which must be resolved within a maximum of 15 days.
Moreover, the ‘48-hour rule’ ensures swift action once property owners report an illegal occupation. The new law gives the police authority to evict squatters without a court order. This underscores the importance of prompt action upon discovering unauthorised occupants and helps to avoid a ‘fait-accompli’ situation after which it used to be more difficult to ensure evictions.
Implications for Property Owners
After years of disequilibrium, the new legislative changes represent a significant shift in favour of property owners, providing them with more robust tools to combat illegal occupation. By reducing the legal complexities and timeframes previously associated with eviction processes, the reforms aim to deter squatting and protect property rights more effectively.
Spain’s new anti-squatter laws mark a pivotal development in addressing the challenges posed by illegal property occupations. Property owners are encouraged to stay informed about these changes and take prompt action if faced with illegal occupants, but at long last the law now protects the rights of property owners in Spain – also making long-term lets more attractive, as even legal tenants could previously not be evicted if they stopped paying rent. The new legislation makes it possible to turn off utilities until the outstanding rent is paid or the tenants leave, thus marking a welcome new environment for homeowners and investors.