Everything you need to know about squatting in Spain

A fast-growing phenomenon in Spain, squatting refers to the illegal occupation of a residence or rental property. Resolving this situation is generally complex, harming many owners while raising issues of social justice and access to housing. Whether you are a victim of squatters occupying your property or a future property investor in this country who would like to learn more about the subject, Immo365 offers you relevant solutions for dealing with trespassers.

The state of play on squatting in Spain

Also known as "okupas", squatters are not only storming certain private Spanish properties, but also social properties allocated to families. According to the Plataforma Afectados por la Ocupación, the official victims' web portal, more than 100,000 homes are illegally inhabited in Spain, with 40 new cases recorded every day. While all regions are affected by the phenomenon (Madrid, Valencia, Calonge, San Sebastian, Lleida and certain towns on the Costa Brava), Catalonia and the province of Barcelona account for almost 40% of all occupancies nationwide.

A number of property observers believe that this worrying situation could be explained by the lack of appropriate measures to evict okupas. Rather than advocating immediate restitution of violated property, public policies tend to protect illegal inhabitants, while imposing tedious claims procedures.

Deadline for eviction of okupas in Spain

The Spanish criminal justice system is particularly slow when it comes to restoring property rights to victims of squatting. According to a survey by the General Council of the Judiciary (CGPJ), it takes an average of 18 months to recover an illegally occupied property. The time taken to return okupas varies, however, depending on the region in which you submit your complaint. Allow around 9 months for an official order to be obtained in Navarre, compared with 10 months in Aragon and almost 13 months in Galicia.

In territories with a large number of squatters (Andalusia, the autonomous community of Madrid, the Balearic Islands…), court decisions are handed down after 16 to 20 months. If you have a home in Castilla y León, eviction will only be effective after 2 years (30 months on average). The procedure may be prolonged by a possible appeal lodged by the illegal residents with the Court of Appeal, as well as by the search for a rehousing solution for those concerned.

Would you like to carry out a property project in a location less prone to the invasion of okupas in Spain? Don't hesitate to contact Immo365. Whether you're buying, selling or renting a property, our experts will be able to tell you where to invest on the Costa Brava in Catalonia.

Impact of squatting on real estate in Spain

Victims of the squatting movement in Spain generally give up their property, with the aim of avoiding costly legal proceedings, major renovations and compensation from the okupas. This phenomenon has led to a 40-60% drop in the sale price of illegally occupied homes. Despite the reluctance of many investors with regard to these properties, some of them are more interested in them to:

• diversify their assets,
• develop a second home,
• develop a specific project (seasonal rental, student residence…).

If you want to seize a business opportunity relating to squatted housing in Spain, ask the experts at Immo365 for advice. With a thorough understanding of trends in the real estate market on the Costa Brava and throughout Spain, we will be able to assess the risks associated with your project and provide you with relevant advice.

Based on your investment criteria, we can inform you about the regulation of tourist rentals in Spain and suggest alternatives that are less restrictive than a squat situation. Feel free to browse our online catalogue to find out about properties for sale or lease. If you are interested in a property, we will organise physical or virtual 3D visits, while taking care of the remaining stages of the transaction.

Squat in Spain: what solutions should you consider?

Since it is generally difficult to dislodge squatters or request their eviction through the courts, here are a few things you can do to better deal with the situation.

Mistakes to avoid

Do not give in to the okupas' offer to pay your usual charges (rent, gas bills…). Payment receipts will be issued in their name, which could prove the legitimacy of the squat before a legal authority. The latter may in fact assume that there is a verbal rental contract, thereby cancelling your right of ownership. It is not advisable to turn off the electricity or heating, as you will be found guilty of coercion in a Spanish court, whether on the Costa Brava, in Madrid or in Barcelona. Also avoid entering the home, even if you are the owner, in order to change the locks. This act is considered a breaking and entering offence, the penalties for which can range from a simple fine to a prison sentence.

Preventive measures to adopt

Do you have a property up for sale or waiting to be let near Madrid, on the Costa Brava, in Calonge by the sea or in another region of Spain? While you're waiting for a buyer or tenant, cancel your electricity, water and heating contracts. This preventive gesture will discourage squatters looking for good amenities. Installing an alarm linked to a remote control centre is also an interesting solution for deterring okupas. In the event of an intrusion, you will be informed in real time and will be able to contact the police. Only recent squats, no more than 24 hours old, are dealt with by the Spanish police.

Contact Immo365 to avoid okupas in Spain

Faced with the resilience of squatters, it makes sense to entrust the sale or lease of your uninhabited property to the Immo365 team. With a perfect command of the property sector and the regulations governing rentals in Spain, we take charge of every stage of your project:

• searching for buyers or occupiers,
• physical and virtual 3D visits,
• renovation,
• legal and tax assistance,
• signing the final contract.

Waiting for potential buyers or tenants, we provide regular surveillance of your home to deter potential squatters. Our teams can intervene quickly in the event of illegal occupation, whether by contacting the forces of law and order or by initiating legal proceedings to evict the parties concerned in order to defend the rights of the owners. Our multilingual customer service is available to provide you with personalised advice on your project and answer any questions you may have about the squatting movement in Spain.