Squatters in Spain

In Spain, there are nearly 4 million empty properties. 70% of them are second residences,
while the remaining are properties for sale, semi-finished properties that were not
completed (missing first occupation license or the promoter went out of business), in
many cases nowadays banks own the properties. In these conditions, squatting has
become a growing concern for property owners in the last few years. People in need, will
break into a property when the owners are not there and change the locks. The second
step will be to register their residency at the town hall “empadronamiento” which will
give better defense later on. Most squatters work in teams, and the occupation of a house
or a building is planned and coordinated. This involves weeks of spotting to check if a
property is really empty and the utilities are connected.

If you are a victim of squatting. Act swiftly and seek immediate legal advice. Filing
immediately a complaint, in some cases might not solved the problem if the property was
uninhabited. Time is of the essence and you should try to get the squatters out as fast as
possible. Sadly, the average time to fully evict a group of squatters is 18 months. However,
even if you are not the owner but a neighbour, or as a community of owners it is possible
to exercise the action of cessation and expulsion of the squatters for unhealthy, harmful
or dangerous activities prohibited by the community of owners statutes, as set out in
Article 7.2 of the Law on Horizontal Property (LPH). This action is exercised through a
civil action by the community of owners represented by the president, in case the squatters
are carrying out such activities.

The Criminal Code

Art. 202 of the Spanish criminal law punishes with a sentence of imprisonment of six
months to two years people that break into a property that is inhabited. If the break in is
with violence or intimidation, the punishment shall be imprisonment from one to four
years. The intruders can be arrested, and the problem gets solved swiftly.

It is a completely different matter when squatters break in when the property is

uninhabited. In this case Art. 245.2 of Spanish criminal law states that the punishment
will be a fine from 3-6 months (the amount to be paid will be quantified by the Judge
depending on the economical circumstances of the squatters.