Squatter Laws in Spain: How to Protect Your Property

The Squatter Problem in Spain

Squatting (ocupación) is a real concern for property owners in Spain, particularly those who leave properties empty for extended periods. Spanish law distinguishes between two situations: allanamiento de morada (breaking into someone's home) and usurpación (occupying an empty property). The legal response and timeline differ significantly between the two.

Legal Framework

Your primary residence

If squatters enter your primary or secondary residence (a home you actively use and have belongings in), this is allanamiento de morada under Article 202 of the Penal Code. Police can intervene immediately. Call 112 and file a denuncia. Penalties for the squatters include 1 to 4 years in prison.

Empty or unused properties

If the property is empty and not clearly used as a home, the situation is classified as usurpación (Article 245.2 Penal Code). This is treated as a minor offence. Police may refuse to intervene without a court order. You must go through a civil or criminal court process, which can take 6 to 18 months.

Removal Procedures

Options for removing squatters from an empty property:

Criminal route (denuncia penal)

1. File a denuncia at the police station or court
2. The court investigates and schedules a hearing
3. If found guilty, squatters are ordered to leave
4. Timeline: 6 to 18 months, sometimes longer

Civil route (desahucio express)

1. File a civil lawsuit for recovery of possession
2. The squatter has 5 days to justify their right to occupy
3. If they cannot, the court orders eviction
4. Timeline: 3 to 8 months in theory, often longer

The 48-hour window

If you discover squatters within the first 48 hours, call the police immediately. Courts have increasingly ruled that police can remove squatters during this initial period, as the occupation is considered "flagrant." After 48 hours, your options become more limited.

Prevention Measures

Prevention is far cheaper and less stressful than removal. Practical steps:

• Anti-squatter doors: Reinforced steel doors with multi-point locking systems. Cost: €800 to €2,500 installed.
• Alarm systems: Connected alarms with rapid response. Monthly cost: €30 to €60.
• Regular visits: Visit the property weekly, or hire someone to do so. Leave signs of occupation (lights on timers, post collected).
• Neighbours: Give trusted neighbours your contact details and ask them to report any unusual activity.
• Utility contracts: Keep utilities in your name and active. An empty property without water or electricity is a target.
• Property guardians: Consider property guardian services that place vetted individuals in your property at low or no rent.

Insurance and Documentation

Maintain a comprehensive file:

• Keep all property deeds, tax receipts (IBI) and utility bills as proof of ownership
• Take dated photos of the property's condition regularly
• Some home insurance policies now include legal coverage for squatter removal, check your policy
• Register with the local police station as the property owner

What NOT to Do

Never attempt to remove squatters yourself. Do not change locks while they are inside, cut utilities, or use threats. These actions can result in criminal charges against you. Always work through the legal system.

Squatter risk is a factor when budgeting for Spanish property ownership. Use our free calculator to estimate your total costs including security measures and insurance.