Buying property in Spain is attractive to foreigners. Some want to live in it, some come for holidays in their own home, and for others it’s an investment. It all makes sense, but there is one nuance. If no one lives there permanently, there is a risk of the property being occupied by squatters — known as “okupas.” Evicting them can take several months.
This article explores why the law doesn’t always protect owners and how you can protect yourself.
How okupas emerged in Spain
In 2008, the world was hit by the financial crisis. Many families in Spain could no longer afford to pay their rent. Local authorities decided to support them — by allowing them to live in their rented homes for free. Unscrupulous people, mostly illegal migrants, began to take advantage of this. They would break into other people’s properties, change the locks, and make themselves at home. In Spain, they are commonly called “okupas”; another name is squatters.
When the owners went to court, the okupas would defend their “rights” — they would claim that they were renting the property and had nowhere else to go. The right to housing is considered sacred in Spain, so legal battles could last for months, or even years.
The crisis is long over, but the problem remains — properties are periodically occupied in all Spanish regions. And okupas aren’t always marginal individuals. In some cases, okupas don’t necessarily break in to a house at all, instead, people move in posing as respectable tenants, and then stop paying. This is why Spanish landlords require tenants to prove their financial solvency with documents before moving in. Foreigners, in particular, are often asked to pay a deposit covering several months in advance.
What kind of property attracts "occupiers"?
No one will risk squatting a property while the owner has just stepped out to the shop or to visit a friend. The police would immediately remove the intruder. It’s a different story if a property has been empty for a long time. Such properties are easy to spot, mostly by overflowing mailboxes — bills and flyers piling up, uncollected.
Properties belonging to foreigners who don’t live in Spain permanently, but only visit a few times a year for holidays, are in the high-risk zone. However, the location of the property matters the most deal. New residential complexes usually have CCTV systems and security guards. Squatters know they have no chance there. Properties in high density/low income neighborhoods are most often affected by illegal occupation. An empty apartment in such a place is easy prey for okupas.
When buying property in Spain, it’s important to know which areas to avoid. If you see an apartment priced at €30,000, it could be that the owner is trying to quickly get rid of a problematic property.
However, even a property in a low density/high income neighborhood can be occupied if the squatters figure out that the owners are rarely there and the building has no security.
How to reduce the risk of illegal occupation of your apartment
Here are a few tips if you already own a property in a Spanish city or are planning to buy one:
- Install an alarm system. If you live in another country, you will need to find someone who will be your local representative. At the very least, they would need to be able to replace a broken lock after a break-in.
- Rent out the apartment. Be sure to check the solvency of tenants — ask for an employment contract and documents proving their income. Draw up a formal rental contract.
- Keep your property documents with you. You will need them to prove ownership in court. If squatters take over the property and the documents are inside, they likely won’t give them back easily.
- Get property insurance. Insurance against illegal occupation (Seguro de Defensa Juridica para Propietarios) covers legal fees and lawyer costs. Insurance against non-paying tenants (Seguro de Impago de Alquiler) compensates for lost rent if tenants stop paying.
- Research the district before buying. Observe who lives there, talk to local residents. It’s a big advantage if the building has a concierge who knows all the residents and can prevent suspicious people from getting in.
What you must not do if okupas have taken over your property
The paradox is that the Spanish police won’t help if the squatters have already changed the locks and settled in with their belongings. Furthermore, if the property owner tries to forcefully remove the uninvited guests, they will likely be arrested themselves. This is Spanish law — the occupant is considered inviolable until it is proven they have no right to live there.
Here are other things to avoid doing while squatters are in your apartment, and why:
- Don’t demand that the okupas pay the utility bills. In court, they could use this against you, arguing it proves they were renting the property.
- Don’t cut off the electricity, gas, or water supply to the apartment. You could be accused of attempting forcible eviction, which is illegal. It is permissible to switch the utilities to the minimum tariff.
How to evict okupas and how long it takes
In June 2018, amendments were approved to Law 1/2000, which regulates the process of illegal property occupation in Spain. Under the updated rules, okupas must leave the occupied property by court order if they cannot prove their right to it within 5 days.
In practice, however, eviction still takes several months. The speed depends on the judge and their caseload. Plus, the defendant can appeal the court’s decision to delay the process.
Catching the squatters in the act can save you from going through the courts. If you arrive at your apartment and see a broken lock or hear noises inside, call the police immediately. Before the uninvited guests have settled in and made it their home, it’s much easier to prove they have just broken in illegally. A timely call to the police from alert neighbors can also resolve the situation.
Here are other factors that can speed up the eviction of okupas from a property:
- The occupied property is your primary or secondary residence.
- The apartment was listed for sale or rent before the occupation, which can be proven with recent advertisements.
Property owners in Catalonia, Andalusia, the Valencian Community, and Madrid suffer most from squatting in Spain.The fastest trials are in Asturias and Navarre, taking about 9 months. The longest trials are in Castilla y León, taking up to 30 months.
In recent years, laws have been tightened. Accelerated evictions have been introduced. Court cases are now resolved within 15 days, and the police can evict invaders without a trial within 48-72 hours if the break-in was recent. The burden of proving legal residence has been placed on the occupiers.
Let’s see how the courts and the police will apply these new rules in practice. Will the evictions really happen faster? Or will the delays continue?