Spanish court rules cutting off electricity in squatted houses is not illegal
Until now, homeowners could be charged for coercion if they shut off utilities in occupied properties
In a landmark case in support of homeowners, the Barcelona Court of Appeals has this week ruled 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. At a time when illegal squatting has become more prevalent throughout Spain, this often left homeowners in a hopeless position, facing years of legal action before their property was returned.
Unfortunately, for the moment at least, this long overdue update of the law only applies to the province of Barcelona but it’s hoped that the groundbreaking ruling will spread to other parts of Spain.
In their ruling, the nearly 60 judges who make up the criminal sections of the Barcelona Court of Appeals also agreed that complaints of squatting in vacant homes cannot be dismissed without first knowing the identity of the people who illegally entered the property. Police forces must take steps to ascertain this, and only then can the case be dismissed.
In Spain, the Constitution enshrines the right to decent housing, but also the right to private property, two ideals that are often at odds with one another. Last year, 2,309 court actions were taken to recover illegally occupied properties, a 1.8% increase.
Meanwhile, breaking and entering crimes in Spain increased by 7% in 2024, with 16,426 cases recorded by the State Security Forces.
But change is just around the corner. From April 3, a new law will come into play that will allow squatting to be dealt with under the fast-track trial procedure, meaning they can be held within 15 days.
In other news: Measles outbreak hits Spain with cases surging
Image: Archive
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