New squatting law in Spain aims to speed up evictions to 48 hours
The law still won’t allow fast-track evictions of tenants who stop paying rent in Spain
Squatting has become a real hot-button issue in Spain over the last few years. As cases of illegal occupation rise, with more than 16,000 breaking and entering incidents reported in 2024 alone, the government has stepped in to address the growing concern. And now, with the backing of major political parties, a proposed law is seeking to bring a much-needed shift in how squatter evictions are handled, making it easier and faster for homeowners to regain control of their properties.
According to the law, squatting, or the unlawful occupation of a property, can involve anything from individuals moving into abandoned houses to groups taking over vacant properties.
It’s a growing problem all over Spain and it’s left many homeowners in a frustrating and often helpless situation, facing legal battles that can last years before their properties are returned to them. The existing system, which was last updated in May 2023, causes incredible stress for the owners, neighbours of illegally occupied properties and even the squatters themselves.
Adding to the complexity, the Spanish Constitution protects both the right to decent housing and the right to private property, which can make taking action very tricky for the courts. For instance, while illegal occupation is a crime, certain protections, such as those for vulnerable individuals, have made the process of evicting squatters slow and difficult.
However, a court in Barcelona took matters into its own hands earlier this week, ruling that owners can legally cut off gas, electricity and water supply to properties that have been unlawfully squatted by non-paying ‘tenants’.
Up until now, if an owner of an occupied house or flat turned off the home’s basic utilities in an effort to get the squatters out, they could be charged with a crime of coercion.
But as early as next month, this is all going to change.
On Tuesday March 18, the Spanish Congress took an important step toward passing a new law that could dramatically speed up the eviction process for squatters. The law, backed by political heavyweights from both the Socialist Party (PSOE) and the Popular Party (PP), seeks to ensure that owners can regain possession of their property within 48 hours of reporting a squatter's occupation, provided the situation meets certain criteria.
The proposal is aimed at situations of clear squatting or breaking and entering, such as when doors are broken down or windows are smashed. It would allow homeowners to evict squatters quickly, based on evidence like security footage or reports from neighbours.
This 48-hour deadline would apply without delay, even in cases where the squatters claim to be vulnerable, with the idea that responsibility for finding alternative housing for vulnerable individuals lies with the authorities and not the property owner.
If the law is passed, it will make it much easier for homeowners to get their properties back without having to deal with the lengthy and often complicated court procedures that currently exist. Even more importantly, it would prevent squatters from using legal loopholes to drag out the eviction process for months or even years.
Who would be affected by this law?
The new law primarily targets two types of squatting: breaking and entering and home invasion.
- Breaking and entering: This type involves the unlawful occupation of a property, typically a primary or secondary residence. It’s considered a serious crime under Spanish law and the new law aims to ensure that evictions can happen quickly in these cases.
Home invasion: This refers to properties that aren’t the primary or secondary homes of the owners but are still occupied without permission. It is also covered under the criminal code and would be subject to rapid eviction under the proposed law.
However, it’s important to note that inquiokupación - when renters stop paying rent but still occupy the home under a prior rental contract or lease - wouldn’t be covered under this law. This type of squatting, while still illegal, isn’t classified as breaking and entering, so it doesn’t meet the criteria for a swift eviction.
As it currently stands, the proposal has been approved in the Lower House of Congress and now needs to be passed up the chain. If passed, it will bring significant change to the way squatter evictions are handled in Spain and while it certainly doesn’t solve all the issues, it’s a major step forward for homeowners.
Image: Archive
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