If you own property in Spain or are thinking about investing here, you've probably heard about the okupación problem. Maybe you've seen the headlines, heard stories from neighbors, or wondered if your vacation home could be at risk. The good news is that Spain has finally taken decisive action to protect property owners with a comprehensive new law that came into effect on April 3, 2025.
Let me walk you through everything you need to know about this game-changing legislation, and why it's actually making Spain a safer place to own real estate.
What Changed on April 3, 2025?
Spain began enforcing an updated version of Article 795 of the Criminal Procedure Code, which fundamentally transforms how illegal home occupation cases are handled. This isn't just a minor tweak to existing rules. This is a complete overhaul of the system that left property owners frustrated for years.
Before this reform, getting squatters out of your property could take anywhere from several months to over two years. Imagine discovering someone living in your apartment, and then being told you have to wait 20 months or more to get them out. That was the reality for thousands of Spanish property owners. Previously, eviction cases could drag on for up to two years, but now property usurpation cases can be resolved in as little as 15 days.
How the Fast-Track System Actually Works
Here's where it gets interesting. The new law introduces what they call juicio rápido, or fast-track trials, for squatting offenses. Once you file a complaint, the court must start a hearing within 15 days, and issue a verdict within just 3 days after that hearing. That's less than three weeks from start to finish in most cases.
But it gets even better. If you catch the occupation within 48 hours and report it immediately, police can actually evict the squatters without even needing a court order. This is huge for anyone who regularly checks on their property or has neighbors keeping an eye on things.
The key here is speed. The faster you act, the faster you can resolve the situation. If you discover someone has moved into your property, contact the police right away. Don't wait. Don't try to handle it yourself. Just call the authorities and start the process.
What Types of Cases Does This Law Cover?
This is an important distinction that a lot of people get confused about. The reform covers two main scenarios: home invasion, which includes when strangers occupy a primary residence or secondary home like a vacation property, and property usurpation, which involves unauthorized occupation of non-residential buildings such as warehouses, offices, or commercial spaces.
What the law doesn't cover is something called inquiokupación. If a tenant stops paying rent or refuses to leave after their rental contract ends, that dispute must still be resolved through civil court, which remains a slower process. This is frustrating for landlords dealing with non-paying tenants, but the new law specifically targets cases where people have no legal right to be in the property at all.
The Numbers: How Big Is the Okupación Problem Really?
Let's talk real numbers here because there's a lot of misinformation floating around. In 2024, Spain recorded 16,426 reported cases of illegal occupation, which represents a 7.4% increase from 2023. This marks the third-highest figure since records began in 2010, surpassed only by 2021 and 2022.
Now, before you panic, let's put this in perspective. Spain has about 26 million homes. That means squatting affects roughly 0.06% of all properties in the country. It's not an epidemic, but it's definitely a real problem that needed addressing.
Catalonia leads the country with 7,009 cases in 2024, representing 42.6% of all national cases. After that come Andalusia with 2,207 cases, the Valencian Community with 1,767, and Madrid with 1,451. If your property is in one of these regions, you're statistically more likely to encounter issues, but even there, the vast majority of properties remain unaffected.
What Property Owners Should Do Right Now
Prevention is always better than dealing with squatters after the fact. Here are practical steps you can take today:
First, if you have a vacation home or investment property that sits empty for periods, make sure it looks occupied. Install security systems with motion sensors and cameras, and use timers or lights to simulate occupancy in vacant homes. This simple step can deter potential squatters who are looking for obviously empty properties.
Second, visit your property regularly or have someone you trust check on it. The 48-hour window for immediate police intervention is your friend, but only if you discover the occupation quickly.
Third, keep all your property documents organized and accessible. You'll need your escritura (property deed), IBI tax receipts, and any rental agreements if applicable. Having these ready can speed up the legal process dramatically.
If you discover illegal occupation, don't confront the occupiers yourself as it can be dangerous. Contact the police immediately and document everything.
The Penalties Have Gotten Tougher Too
Under the new law, illegal occupation can result in up to 2 years in prison, and if violence or threats are involved, sentences can reach up to 4 years. Previously, courts would consider the squatters' personal circumstances like having children or being unemployed, but now these social factors no longer mitigate penalties. Occupation is treated strictly as a criminal offense.
This sends a clear message that Spain is serious about protecting property rights. Some critics argue this approach is too harsh on vulnerable people, and that's a fair debate to have. But from a property owner's perspective, it means the law finally has real teeth.
One More Important Thing: Utilities
Here's something that used to put property owners in a difficult position. Under the new law, property owners are now legally permitted to disconnect water, electricity, and gas if these utilities are being used by squatters. Previously, disconnecting services could have been viewed as coercion, but the reform recognizes that utilities should only be used by rightful owners or legal tenants.
This might seem like a small detail, but it removes one of the tactics squatters used to make themselves more difficult to remove.
What This Means for the Spanish Real Estate Market
For anyone considering buying property in Spain, this law should actually be encouraging news. The reform sends a clear message that Spain defends property rights, which is positive for both national and foreign investors.
Yes, squatting is still happening, and yes, Catalonia in particular continues to see high numbers. But the legal framework now exists to deal with it quickly and effectively. The key is knowledge and preparation.
Some property owners have historically preferred to negotiate directly with squatters or pay them to leave rather than wait for lengthy court processes, but the new fast-track system should reduce the need for these distasteful workarounds.
The Bottom Line
Spain's new anti-squatting law represents a major shift in how the country handles illegal occupation. The days of waiting years to reclaim your property are largely over. With fast-track trials, immediate police intervention in fresh cases, harsher penalties, and the ability to cut utilities, property owners finally have real tools to protect their investments.
Is the problem completely solved? No. The courts are still adjusting to the new system, and there will inevitably be cases that take longer than the ideal 15-20 days. But this is massive progress compared to where things stood just a year ago.
If you own property in Spain, make sure it's secured, check on it regularly, and know your rights under this new law. If you're thinking about buying here, don't let fear of okupas stop you. With proper precautions and this new legal framework, Spain remains an excellent place to invest in real estate.
The key takeaway? Act fast if you discover occupation, know the difference between squatting and tenant disputes, and take preventive measures seriously. This law works best for property owners who stay informed and proactive.
Spain has listened to property owners' concerns and delivered meaningful reform. Now it's up to us to use these new tools effectively and protect our investments. The law is on your side, finally, in a real and enforceable way.
