What to Do If Your Home Is Occupied in Spain
What to Do If Your Home Is Occupied in Spain
What to Do If Your Home Is Occupied in Spain
🏠 What to Do If Your Home Is Occupied in Spain
If your home in Spain is illegally occupied, act immediately: report it to the police within 48 hours, document everything, and contact a lawyer. Spain’s updated laws now allow for faster eviction procedures—sometimes within 15 days—especially if the property is your primary residence.
🚨 Step-by-Step Actions
Stay calm and assess the situation
Determine if the occupation is recent (within 48 hours) or long-standing.
If you see signs of forced entry or people inside, do not confront them directly.
Call the police (Policía Nacional or Guardia Civil)
If it’s your main residence and the occupation is recent, it may be treated as trespassing (allanamiento de morada)—a criminal offense.
Police can act immediately in such cases without a court order.
Document everything
Take photos or videos of the property, locks, and any visible damage.
Keep utility bills, property deeds, or rental contracts to prove ownership.
Contact a specialized lawyer
Legal support is crucial, especially if the case involves usurpación (squatting) in a second home or vacant property.
Your lawyer will initiate a civil eviction process or a criminal complaint, depending on the case.
Initiate legal proceedings
If the squatters have been inside for more than 48 hours and it’s not your main residence, you’ll need to file a civil lawsuit.
Spain’s 2025 Anti-Okupa Law introduced a fast-track eviction process, reducing delays to as little as 15 days in some cases.
Secure your property after eviction
Change locks, install alarms or cameras, and consider hiring a property management service if you live abroad.
⚖️ Legal Framework
Article 245 of the Spanish Penal Code defines illegal occupation (usurpación) as entering or staying in a property without the owner’s consent.
Trespassing (allanamiento de morada) applies to primary residences and is treated more severely, with potential jail time for offenders.
🛡️ Prevention Tips
Install security systems (alarms, cameras, smart locks).
Visit the property regularly or hire someone to check on it.
Avoid leaving properties vacant for long periods.
Use anti-squatter services that offer legal and physical protection.
📞 Who to Contact
Police emergency number: 112
Non-emergency police (Policía Nacional): 091
Legal aid: Look for local lawyers specializing in property law or “abogados de desahucios” (eviction lawyers)