Today at "Confianz: After Hours", we discuss the issue of Spanish 'okupas'.
We offer a clear, practical roadmap to protect your Spanish dream home. From the crucial legal differences that determine your rights to concrete prevention tips and a contingency plan in case things do go wrong.
Listen to the episode on Youtube, Spotify or Apple Podcasts.
In this episode:
- The crucial legal difference: We explain the distinction between housebreaking (allanamiento de morada), which usually applies to second residences, and unlawful possession (usurpación). This difference determines the speed and approach of the procedure.
- The 48-hour myth debunked: Hear why the infamous '48-hour rule' is a persistent myth and what the concept delito flagrante (the act) really means for rapid police intervention.
- The different faces of the okupa: We discuss the various profiles, from people in precarious situations to organised gangs and the so-called 'inquiokupa': the tenant who stops paying.
- Physical prevention: Discover concrete standards for security, such as certified security doors (UNE-EN 1627, Class RC3) and alarm systems (UNE 50131, Grade 2) connected to a monitoring station.
- Social and visual prevention: Learn how to make your property look occupied to discourage squatters, and the invaluable value of good neighbours or a keyholder.
- Administrative and financial precaution: The importance of a digital safe with your property documents and the coverage of a seguro anti-okupas (anti-okupa insurance).
- The emergency scenario: What to do (and what not to do): A concrete roadmap for when things go wrong. Important "don'ts": never engage in confrontation, do not change locks or disconnect utilities. Important "do's": call the police immediately and engage a specialist lawyer.
- The 'Anti-Okupa Law' of 2025: We discuss the new law providing an emergency procedure (juicio rápido) enables, but also tempers expectations about its effectiveness in practice.
- Private 'Desokupa' companies: A look at these controversial, private eviction companies that operate in a legal grey zone.
Key Terms, Standards and Numbers from the Episode:
- Legal Terms:
- Allanamiento de morada: Housebreaking, entering a residence (including a second residence).
- Usurpación: Unlawful possession of an immovable property that is not a residence.
- Inquiokupa: A tenant who legally moves into a property and then systematically stops paying.
- Delito flagrante: Catch in the act.
- Coacciones: Coercion, punishable for owner disconnecting e.g. utilities.
- Abogado: Spanish lawyer.
- Procurador: Mandatory legal representative who is the link between lawyer and court.
- Technical Standards for Security:
- Security door: Standard UNE-EN 1627, with recommended resistance class RC3.
- Alarm system: Standard UNE 50131, with recommended Grade 2 for homes.
- Insurance:
- Seguro anti-okupas: Insurance that covers legal costs, damage caused by vandalism and lost rent, among other things. Does not usually cover
- inquiokupas.
- Seguro de impago de alquiler: Separate insurance for the risk of a defaulting tenant.
Do you have any questions after listening to this episode? If so, contact the experts at Confianz.
