Squatters in Spain. Is there anything to fear when buying property?

Squatting is a phenomenon which, due to the accompanying media coverage, can stir up a lot of emotions, especially among people interested in buying property in Spain. What is the reality of the ocupados situation?

Squatters are illegal occupants who occupy property without permission. The phenomenon is often described in the media, not only in Spain but also abroad, including Poland. Due to the ‘catchy topic’, the information provided often does not correspond to reality, as okupas usually occur in large cities with numerous vacant properties. In addition, this problem mainly affects specific properties. How can you protect yourself against it and what is the housing law in Spain?

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The term okupas describes people who occupy properties without any legal basis or the consent of the owner. The name of the phenomenon comes from the Spanish word ocupar, which means to occupy. The problem began in the 1980s and has deep economic and social roots. It was then that the country was in crisis. Many people were unemployed and homeless, which led to the illegal occupation of vacant properties.

The phenomenon intensified during the Spanish economic crisis of 2008. It was then that the authorities introduced legislation to protect tenants in financial difficulty, which at the same time made it more difficult to evict them.

It is worth noting that the problem of okupas in Spain mainly affects properties owned by banks and investment funds. After taking over flats or houses, these institutions leave them empty without any security measures. The phenomenon is most widespread in large cities such as Barcelona, Madrid and Seville.

During discussions about okupas, squatting in Spain is often mentioned. What is it? It is simply a process of taking over a property – after breaking in, squatters change the locks and refuse to leave the premises. At the same time, they furnish it and sometimes even sign a contract with utility providers. All this is done to make eviction more difficult.

Importantly, according to the local criminal code, squatting is a crime: burglary and seizure or usurpation.
 

• Burglary and seizure apply to regularly inhabited properties. This category includes, among others, holiday homes, whose owners only visit them sporadically, e.g. during holidays.
   
• Usurpation refers to uninhabited property. This includes, for example, vacant properties owned by a bank that has taken them over from a debtor.

Housing law in Spain allows owners of repossessed properties to take appropriate action. This is known as desalojo exprés, or quick (or express) eviction, which can be carried out within a maximum of 48 hours of the squatters appearing.

However, this measure is reserved exclusively for private properties. Thanks to it, the police – upon presentation of, for example, a notarial deed – can react immediately and force squatters to leave the flat or house. This is the fastest and most effective solution.

What if more time has passed since the illegal takeover? The owner of such a property can report the squatters to the police. The squatters then have five days to prove their ownership of the occupied premises. After this time, the court decides on eviction. However, it is important to be aware that the proceedings may be protracted, which is why it is so important to react immediately.

Are you looking for an investment property and interested in Spain? Squatters do not have to be a problem. There are many ways to protect yourself from squatters and keep your property safe.
 

• Use a trusted agency in Spain – an agent will advise you on where to look for an apartment or house to minimise the risk of squatters. Contrary to appearances, buying a property does not automatically mean that someone will illegally take it over.
   
• Invest in property from a developer and in the right area – luxury apartments and villas, available for example from Elite World Estates, are located in safe neighbourhoods or gated communities.
   
• Rent out your flat or house regularly – squatters look for unoccupied properties, so make sure you have continuous tenants, e.g. by working with an agency that will take care of this for you.
   

Secure your property – make sure you have security doors and an alarm system installed. Never leave windows open or ajar, especially when you are away for a long time.

In some regions, the problem of squatters is practically non-existent. Good examples are Costa del Sol and Costa Blanca, where, according to data from the end of 2022, the risk of property seizure is less than 0.1%. The low rate of illegally seized properties is due to several factors. First and foremost, there are tourists almost all year round. The bustling streets make it difficult to break into houses and flats, which are often rented out to holidaymakers anyway.

Furthermore, the stability of the property market on the southern coast of Spain also has a significant impact. Growing investor interest means that there are not many vacant properties on the Costa Blanca or Costa del Sol. In addition, new buildings, constructed on the initiative of developers, are usually guarded.

Read also: How to buy a flat or house in Spain?

Spain has begun its fight against squatters. In November 2024, the Congress of Deputies approved an amendment to the Criminal Procedure Act (Lecrim). What does this mean for owners of properties that have been occupied by squatters? The change in regulations is primarily related to speeding up the eviction process. Until now, court cases could take up to nine months. Once the new law comes into force, the judiciary will have only 15 days to resolve a dispute.

The new regulations will also simplify the formalities. Owners will be able to report squatters using simplified forms. In addition, the government wants to start effectively combating organised criminal groups that specialise in finding vacant properties. The law should come into force in the first half of 2025.

The squatting phenomenon, although a problem in Spain, mainly affects vacant properties owned by banks and investment funds. Buying a flat or house from a developer effectively eliminates the risk of squatters. If you want to invest in property in a safe neighbourhood, contact the Polish office of Elite World Estates!

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Let us narrow down the search among the properties available through us, by contacting us and finding the best options for you. We are here to help you! Please enter your contact details below and we will contact you as soon as possible.

Let us narrow down the search among the properties available through us, by contacting us and finding the best options for you. We are here to help you!
Please enter your contact details below and we will contact you as soon as possible.