Squatting (okupación) has grown into a major issue in Spain, impacting thousands of property owners and neighborhood communities. This phenomenon is particularly prevalent in regions like Catalonia, Andalusia, and Valencia, which often see disputes related to illegally occupied homes, organized squatter networks, and even disputes within shared residential areas.
For property owners, the consequences of squatting extend beyond the loss of property. They are often left footing the bill for taxes, utility payments, and legal fees while trying to navigate lengthy eviction processes. Neighbors, too, suffer from disruptions, including damage to shared spaces and increased insecurity. In response to these challenges, Spain has introduced a significant legislative change: the Anti-Squatter Law, which aims to streamline evictions and reduce the burden on owners.
There is still no exact date for the implementation of this law, known as the Anti-Squatting Law. The reform has been incorporated into the Law on the Efficiency of the Public Justice Service, which was approved on Thursday, November 14, in Congress. However, this reform proposal has already been sent to the Senate, which, as established by the Constitution, has a two-month period to debate the proposal.
Key changes under the new Law
The Anti-Squatter Law introduces key reforms designed to make eviction processes faster and more efficient:
- Expedited Procedures
Offenses such as breaking and entering (Article 202 of the Spanish Penal Code) and illegal occupation of housing (Article 245 of the Spanish Penal Code) will be handled under an expedited procedure. This approach eliminates the need to file lawsuits or request precautionary measures, allowing cases to be resolved within days and ensuring that the eviction is carried out immediately. - Fast-Track trials for criminal squatting cases
The reform will allow fast-track trials to be resolved within 15 days from the moment the accused are brought before a court. Subsequently, the judge will be required to issue a ruling within a maximum of 3 days. - Scope of cases covered by the Law
It is important to note that this reform applies exclusively to criminal squatting cases. In situations where a rental contract has expired and the tenant refuses to vacate the property, such cases will not be considered crimes of illegal occupation or breaking and entering. Therefore, these disputes must be resolved through civil proceedings, which remain slower and more complex.
These changes prioritize restoring properties to their rightful owners and providing landlords with a faster, more reliable process to reclaim their assets.
Advantages and disadvantages of the reform
While the new law marks a significant step forward in addressing illegal squatting, it also presents certain criticisms and challenges.
Advantages
- Speed in judicial procedures: Property owners will be able to recover their homes much faster, avoiding lengthy legal battles that previously could last years.
- Strengthening of property rights: The law provides more effective protection of property owners’ rights against illegal squatting.
- Deterrent effect: By significantly reducing eviction timelines, the law aims to discourage squatting as an easy way to gain access to housing.
Disadvantages
- Vulnerable Cases: One of the most debated aspects of this law is its impact on individuals or families in vulnerable situations, such as those at risk of social exclusion, particularly families with minors or dependents.
The law does not require an assessment of vulnerability in cases of flagrant squatting, as it views these situations as clear criminal offenses that must be resolved promptly. However, this has sparked debate, as social services often intervene in cases where vulnerable groups are involved.
According to some legal experts, the new law prioritizes immediate eviction in cases of flagrant offenses, relegating vulnerability assessments to a secondary role, as these tend to delay proceedings. In clear-cut cases of breaking and entering or illegal occupation, judges will be able to order evictions without analyzing the social circumstances of the occupants.
- Judicial overload: Prioritizing these procedures risks further overburdening the judicial system unless adequate resources are allocated for its implementation.
- Exclusion of “Inquiokupas”: Cases involving tenants who stop paying rent after their lease expires (commonly known as “inquiokupas”) are not addressed in this reform. These disputes remain under civil law jurisdiction, leaving out a significant issue for many property owners.
Conclusion
The new Anti-Squatting Law represents a major advancement in the fight against illegal squatting, providing property owners with a faster and more effective legal framework to recover their homes. While it does not solve all the problems related to unpaid rent or tenancy issues, it constitutes an important step toward protecting private property rights.
If you are a property owner in need of advice on dealing with a squatting case or safeguarding your property, CPG Abogados has a team of specialists ready to help you resolve your situation quickly and effectively. Contact us today and reclaim what is rightfully yours!
