squatters Spain

​The Spanish Housing Law and the squatters 19 May 2023

In April 2023, the Spanish Congress approved the Housing Law after an agreement reached between the PSOE, Unidas Podemos, ERC and EH Bildu.

The waiting time for owners in Spain who have their properties squatted continues to increase.

The new Housing Law increases the waiting times to have a sentence that allows squatters to be evicted from the homes and this new Housing Law does not make it easy.

Squatting has become one of the main fears for owners, a reality that already affects nearly 100,000 properties throughout Spain, according to estimates by the Platform for People Affected by Occupation.

How long does it take a court to evict a squatter?

Currently, the average term has been extended to reach 20.5 months, between the procedures of the Courts of First Instance and those of the Provincial Courts.

This year 2023 we are facing unhealthy data, since there is a judicial delay in squatting twice as much as in 2022, which stood at 10.9 months

According to the latest data from the General Council of the Judiciary (CGPJ), the average period of verbal possessory procedures for illegal occupation of homes in the Courts of First Instance and Civil Investigation stood at 10.9 months in 2022, compared to at 9.6 months of a year earlier. In just four years, the term has more than doubled (in 2018, the average for the country as a whole was 4.9 months).

It is true that data differs depending on the autonomous communities and the average duration of legal proceedings for illegal occupation of homes, even so, the increase in waiting continues to increase in all autonomous communities; without exception.

Changes in squatting with the New Housing Law:

  • No more surprise evictions.
    Interventions by the Police and State Security Bodies are prohibited without prior notice of the day and time, so that the squatter can prepare.
  • If you have 5 homes you are a "Large Holder"
    The concept of a large holder goes from being in 2022 a person who has more than 10 properties to more than 5 homes. A "large holder" is now the individual or company that owns 5 or more residential properties in the area declared stressed; neighborhoods or parts of neighborhoods in a city where the price of rent has risen in recent years.

What obligations does a large property holder in Spain have with the squatters?

The large holder must demonstrate that administratively it has tried to reconcile a solution with the squatters where both parties benefit to avoid a trial being held. If you do not administratively record that agreement attempt; the claim by the owner will be dismissed. That is to say that you have to administratively by law demonstrate that you have tried to reach an agreement with the squatters of your home that you as a Large Property Holder to show that as a Large Property Holder in Spain you consider the squatters, vulnerable people or otherwise Otherwise, all judicial processes that you have processed regarding the eviction of your property will be cancelled.

  • Negotiation terms for the eviction of squatters increase.

  Now, with the new 2023 housing law, there are procedures that have been waiting for a judicial resolution for more than 10 months.

What do I do if my home has been squatted?

Squatting is not included in the Penal Code and in order to take legal action against squatters, one must first distinguish between usurpation and trespassing.

Differences between the usurpation of a property and trespassing:

What is the usurpation of a home?
The usurpation of a home is the illegal occupation of an uninhabited home without the consent of its owners. An unauthorized third party takes the property and turns it into his residence. The sanction consists of an economic fine, because the immovable property is not considered a residence for justice.

What is burglary?
The trespassing is the entry or stay in a home without the authorization of the resident. A person who, even though the property is inhabited by its owner, tries to turn it into their own home without permission. When it is verified that the property constitutes a residence, the penalties are aggravated.

The courts must request a report from the social services to prove if they are a vulnerable person. If so, the eviction will be suspended until the Administration finds a housing alternative in the form of housing, for a period of two months if the claimant is a natural person or four if it is a legal entity.

The best solution for squatters is having a real estate looking after your property for you.

If you work with a real estate company, you reduce the possibility of having some tenants who end up being squatters. It is important to add to your expenses looking after your second residence's security, sois your property  is well cared for and managed by a professional; that will be a good step to achieve great peace of mind in this regard. Though be careful which Real Estate you choose to work with, because not all of them are legit neither offer a proffesional service, specially in areas with high volumes of tourism there are a lot of scams too.So always check the credentials and clients reviews about the Real Estate you choose to look after your property.  

If you want to have your property looked after, rented or even sold; we are Naranja Spain real estate agency in Guardamar del Segura. We have a team of real estate agents managing properties, clients, Spanish laws, lawers and notary conversations for more than 15 years.

The Naranja Spain Real Estate team works hard to have for you a fantastic catalog of residential and commercial properties for sale mainly and partially we manage rentals too and to have buyers interested in purchasing properties in Costa Blanca. Our company values are professionalism and transparency since a investment is not a toy. Get in touch with us if you are looking to buy properties or aa local businesse on the Costa Blanca.


© 2024 Naranja Spain · Legal

Privacy · Cookies · Web map · Design: Mediaelx