The word 'okupa' conjures up fear images for many owners of a (second) property in Spain: squatters in Spain taking over your holiday home, followed by a legal nightmare. The stories in the media are often alarming, but what is the reality? With the right knowledge and preparation, you can effectively protect your property and be legally stronger than you may think.
Separating fact from fiction: the legal reality of squatters in Spain
The panic around okupas often stems from a misunderstanding of two crucial legal concepts. The horror stories are usually about 'usurpación' (unlawful possession). This concerns the squatting of premises that are not residential, such as neglected buildings or bank properties. The procedures for this are indeed slow.
A different concept applies to second residence owners: 'allanamiento de morada' (housebreaking). Spanish law considers your holiday home, even if you only stay there for a few weeks a year, as a 'residence' (morada). Invading this is a serious crime against your privacy, punishable by prison sentences of up to four years. This puts you in a much stronger legal position.
And the infamous '48-hour rule'? That is a persistent misunderstanding . There is no law that gives squatters additional rights after 48 hours. The deadline is relevant to the concept of 'the act' (delito flagrante). The sooner the police are notified after a burglary, the more likely they are to catch the perpetrators in the act and be able to intervene immediately without a court order. So speed is crucial, but not because of a '48-hour rule'.
Prevention: a well-prepared owner is worth two
Prevention is always better than cure. A layered approach is most effective:
- Physical Security: Invest in a certified security door (at least class RC3 according to UNE-EN 1627 standard) and a professional alarm system (Grade 2 according to UNE 50131) connected to a monitoring station. This not only deters, but also ensures quick detection.
- Visual and Social Monitoring: Make your property look lived in. Empty the letterbox, use timers for lights and have the garden maintained. A good relationship with the neighbours or a professional caretaker who regularly takes a look is worth its weight in gold.
- Administrative Precaution: Make sure you have digital copies of your title deed (escritura) and a recent extract from the property register (note simple).
Read more about how to avoid squatters.
The emergency scenario: what if it does happen?
If you do face squatters, stay calm and follow this roadmap:
- What NOT to do: Never confront or use force. Also, never try to change locks or disconnect utilities yourself. This is punishable and can be used against you.
- What you SHOULD do:
- Call the police immediately And report an 'allanamiento de morada.
- Make a formal declaration (denuncia) to the police with your property deeds at hand.
- Engage a specialist Spanish lawyer immediately. This person knows the procedures and can guide you through the process. Confianz can assist you with this.
Since 2025, a new law has been in force that requires an emergency procedure (juicio rápido) allows for an expulsion within 15 days of the hearing. While this is a step forward, its effectiveness depends on the workload in the courts and the complexity of the case.
In our practice, we rarely see squatters occupying holiday homes in Spain. Rather, the problem plays out in properties that have been vacant for a long time and are poorly maintained.
