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Spain takes Action to address the Problem of Squatters
As the summer months approach people begin to look forward to holidays in the sun. Spain’s popularity has not diminished and stands out as the most popular European holiday destination for British tourists. City breaks are becoming a popular choice and are often chosen instead of beach holidays. Barcelona has a rich cultural heritage and is a major tourist destination.
Many British citizens have chosen to buy residential property in Spain as either a holiday home or holiday let. However, their investment can be compromised by illegal occupation by squatters, especially when the owners have bookings throughout the summer months. The limited time-constrained options (48 hours) to have the squatters removed by the police quickly depend on the owner being present in Spain when the illegal occupation occurs, if not the owner faces a potentially lengthy attempt to remove the squatters through the courts, has now been modified with new law.
In Spain hitherto squatters have been regarded leniently, if they purport to be a homeless family with no accommodation the Spanish constitution under Article 47 states “…all Spaniards have the right to enjoy decent and adequate housing…” if the squatters are seen as a homeless family they cannot be evicted without a court order. However, it should be remembered that frequently the squatters do not fulfil that criteria and are, in fact, little more than residential burglars who often damage and remove the owners’ property when they eventually evicted.
Previously, evictions took a long time to achieve and there was no distinction between the types of illegal occupation. However, there have been new reforms to address the issue. Two separate crimes have been introduced to define the status of the illegal occupier. Home Invasion applies to a person or persons who unlawfully occupy a property which is owned by another person as their primary place of residence; property Usurpation is illegal occupation of a second home such as a holiday home.
This means that any occupation by an individual or individuals who do not own or have a valid lease relating to the property will now be treated as offenders. Judges will now have to hold a hearing within 72 hours and schedule a trial within 15 days. Home owners who discover that their property has been invaded by squatters are now able to recover their property in a far shorter period of time. Also, squatters contending that they are legal tenants must prove that they are legally entitled to live in the property with documentary evidence. It will count against them if they fail to engage in proceedings.
Tenants who have a tenancy agreement and cease to pay rent are not included in the new rules, in those circumstances civil procedures should be commenced.
Also, a new ruling in Spain by judges from the Barcelona Provincial Court on March 7 states that cutting off the services, such as water, gas and electricity, does not amount to coercion provided the objective is to recover possession of a residential property that has been subjected to squatting. This ground-breaking decision reverses the previous situation where an owner, if they attempted to cut off the services, was regarded as having used coercion or harassment against the squatters. Also accusations of human rights violations were implied. Housing rights activists are unsurprisingly attempting to suggest that there is a risk to the health and safety of the illegal occupants. However, the court was very clear that the rightful owners are simply taking back what belongs to them if the removal of the services results in the squatters leaving the property.
Sergio Filonenko Kibu , an associate, pointed out “the new ruling does not permit the owners to act with impunity, there are procedures to
follow. To enter a property where squatters are living without a warrant or using violence towards them still remains a criminal offence. However, the new law does address what is a growing problem in Spain.” Sergio further comments “according to the Ministry of the Interior, the statistics related to break-ins are rising with 16,426 reported in 2024. Catalonia, a popular tourist destination, accounts for 40% of all cases.
The entire attitude to squatters is radically changing and in early April Spain’s Ley de Enjuiciamiento Criminal came into force with modifications criminalising the following elements
The Usurpation of Property (Article 245 of the Penal Code)
This section criminalises the illegal occupation of an uninhabited dwelling without permission of the owners whilst using violence or intimidation to gain entry. Such an offence is punishable by imprisonment.
Usurpation without Violence or Intimidation (Article 245.2): This section addresses the unauthorised occupation of someone else's property, house, or building that does not constitute a dwelling, carried out without violence or intimidation. This offence is punishable by a fine
Unlawful entry into a residence (Article 202)
o Basic Offence - entering a residence owned by another person without their consent or remaining there against the occupant's will is punishable by imprisonment ranging from six months to two years.
o Aggravated Offence - If the entry or continued presence involves violence or intimidation, the penalty increases to one to four years of imprisonment and a fine or six to 12 months.
Spain’s fast-track trials – Juicio Rapido – will end the lengthy procedures to recover possession of a property, Articles 202 and 245 can be dealt with in fast-track courts. Proceedings should conclude within 15 days.
Sergio Filonenko Kibu is an Abogado (qualified Spanish lawyer) and is admitted to practise in England & Wales as a Registered Foreign Lawyer (RFL). He is an associate based in the London office.
Sergio assists commercial clients with a range of contentious and non-contentious matters. He is a highly regarded, astute lawyer advising on challenging cross-border disputes, including debt collection, contractual disputes and breach of contract. Sergio advised on a complex high-value international financial disputes across several jurisdictions. He also assists businesses with drafting shareholder agreements, share purchases, mergers and acquisitions and security agreements.
Sergio has extensive experience assisting high-net-worth individuals with the acquisition of real estate, both residential and commercial, in excess of €10 million across the globe. Sergio’s meticulous due diligence, with regard to large commercial real estate transactions, ensures that the investment is sound and also limits the exposure to risk, providing an outcome in line with the clients’ objectives. He is also able to assist with regulatory issues surrounding such investment.
He aso leads the Ukrainian division and is assisting Ukrainian clients with immigration applications for visas for Ukrainians with family members in the UK, as well as applications for visas for Ukrainian citizens wishing to join their relatives in Italy, Spain, Portugal. Sergio will guide the applications working closely with each country’s government department to accelerate the visa applications.
Furthermore, Sergio can advise private clients on inheritance, drafting wills for foreign nationals with overseas assets including Spanish real estate, he can also assist with probate and inheritance disputes. Sergio also advises on cross-border divorce, establishing the financial and child arrangements. With regard to criminal defence Sergio has assisted British nationals arrested in Spain for various offences.
