Expedited lawsuits against squatters approved - Tenant squatters excluded

Illegal squatting in Spain: What Has Changed for Homeowners?

Illegal squatting, often referred to in Spain as okupación, is a topic that foreign homeowners frequently have questions about. Especially if you own a second home in Spain and aren’t there year-round, news reports about squatters can be a cause for concern.

Since 2025, Spanish law has changed in one important respect. Certain criminal offenses involving the trespassing on or occupation of residences can be handled through the juicios rápidos procedure, also known as summary proceedings.

That change may speed up procedures, but it does not mean that every case of unlawful presence will automatically be resolved within a few days.

That is why it is important to distinguish between different situations.

New rules effective April 2025

A significant amendment is contained in Organic Law 1/2025 on measures to improve the efficiency of the Public Justice Service.

The law explicitly added two criminal offenses to Article 795 of the Spanish Code of Criminal Procedure:

trespass as defined in Article 202 of the Penal Code;
usurpation under Article 245 of the Penal Code.

As a result, provided that the other conditions for summary proceedings are also met, these cases can be handled through an expedited criminal proceeding.

The amendment has been in effect since April 3, 2025.

What is trespassing?

Allanamiento de morada can be roughly translated as entering or staying in someone's home without permission.

The key legal concept here is morada: a residence that is actually used as a private home.

This could be, for example, someone's primary residence, but under certain circumstances it could also be a second home used as a private residence.

So it's not simply a matter of every vacant building.

What is usurpation?

Usurpación refers to the unauthorized occupation of a property that is not considered the morada of the owner or any other occupant.

This can be the case, for example, with a vacant home or other real estate.

The exact circumstances are legally significant.

Furthermore, in 2025, the Fiscalía General del Estado clarified that not every form of usurpación can actually be handled through summary proceedings. The lesser form (delito leve de usurpación) continues to be handled through the procedure for minor offenses.

Can a squatter now be evicted within 15 days?

This is where many reports on the legislative change oversimplify the issue.

No, the law does not require every squatter to vacate a residence within 15 days.

The 15-day period applies to a part of the expedited criminal proceedings.

Once the investigative phase is complete, criminal proceedings are initiated, and the case is referred to the criminal court, the oral hearing must, in principle, be scheduled as soon as possible and within the statutory time limit. Article 800 provides that the hearing in the expedited procedure must be scheduled within fifteen days.

If, for a valid reason, a hearing cannot take place or cannot be concluded in a single day, Article 802 also stipulates that it must be continued as soon as possible and no later than within fifteen days. The decision must then, in principle, be rendered within three days after the hearing.

That's different from:

“File your tax return today = your home will be vacant in 15 days.”

The total duration depends on the circumstances of the case.

When can summary proceedings be used?

The mere fact that someone is in a residence without permission is not enough to automatically trigger a juicio rápido.

Article 795 sets forth additional conditions.

Among other things, the case must have been initiated by a police report, and the suspect must have been arrested or summoned to appear before the on-duty court. In addition, the case must fall within the statutory categories and be sufficiently straightforward to investigate.

That is why a legally complex case may still take a different course.

What does the 72-hour period mean?

The often-mentioned 72 hours is also sometimes misinterpreted.

There is no general rule in Spain that states that a homeowner “cannot get their home back after 48 or 72 hours.”

That is a persistent misunderstanding.

The 72-hour period appears in various places in criminal procedure law in connection with arrest and judicial proceedings, but it is not a cutoff point after which an illegal occupant suddenly acquires rights to the residence.

It is important for a homeowner to file a claim as soon as possible and be able to prove ownership and use of the home.

What has changed compared to the past?

Before the amendment to the law, cases involving allanamiento and usurpación were often handled through slower criminal proceedings.

By subjecting these offenses to the juicios rápidos system under certain conditions, the legislature aims to speed up the proceedings.

In 2025, the Attorney General’s Office confirmed that the legislative amendment is specifically intended to speed up the criminal prosecution of land encroachment and trespassing.

That's a significant improvement for homeowners.

But it is not an automatic administrative eviction procedure.

A judicial review remains important.

A squatter is not the same as a tenant who fails to pay rent

One of the most important differences is that a tenant who stops paying rent does not automatically become a squatter in the criminal law sense.

The media regularly uses the term inquiokupa to refer to this.

That is primarily a popular term and not a separate category under criminal law.

For example, this refers to someone who:

enters into a valid lease agreement;
is lawfully occupying the residence;
then stops paying rent;
but refuses to leave the house.

Because the tenant originally moved into the residence with permission, this is, in principle, a civil rental matter.

Does the expedited criminal procedure also apply to inquiokupas?

Not automatically.

The amendment to Organic Law 1/2025 focuses on the criminal offenses allanamiento de morada and usurpación.

Ordinary rent arrears are handled under civil tenancy law.

In such cases, the landlord must generally initiate legal proceedings for nonpayment or termination of the lease agreement.

That is why it is incorrect to say that the new anti-squatting law has solved all the problems with tenants who fail to pay rent.

Civil eviction due to rent arrears

If a tenant fails to pay rent, the landlord can initiate a desahucio por falta de pago.

That is a civil proceeding.

In it, the landlord may, among other things:

demand termination of the lease;
Request an eviction;
and collect overdue rent.

The exact duration varies greatly depending on the court and the case.

That's why I wouldn't post the old claim of “an average of 18 to 24 months” on your website without a current, nationwide source.

Some matters are resolved more quickly, while others take considerably longer.

Vulnerable residents can influence the process

The situation can become more complicated when residents are classified as economically or socially vulnerable.

Spanish regulations include procedures under which social services may be involved.

Furthermore, temporary measures will still be in place in 2026 that allow certain evictions to be suspended in cases of economic vulnerability and when no suitable alternative housing is available.

This does not mean that every resident can simply claim “vulnerability” and thereby be allowed to continue living there indefinitely.

The judge must assess the facts and circumstances of the specific case.

Does that protection apply to every home?

Nee.

Certain temporary protection measures are subject to specific conditions, such as those related to:

economic vulnerability;
the lack of alternative housing;
the residents' situation;
and, in certain cases, the type of owner.

That is why it is not wise to make general statements such as:

“A family with children can never be deported.”

of:

“For vulnerable residents, an eviction always takes years.”

Both are too absolute.

Second Home in Spain and “Okupación”

For Dutch and Belgian homeowners, the situation regarding a second home is particularly interesting.

For example, if you own a home on the Costa Blanca but spend a large part of the year in the Netherlands or Belgium, that does not automatically mean the home is legally abandoned as soon as you leave.

The assessment depends on the facts and the actual use of the home.

In a specific case, always have a Spanish attorney assess whether the situation constitutes allanamiento de morada, usurpación, or another legal situation.

What should you do if someone is squatting in your home?

Have you discovered that strangers have entered your home without permission?

Do not attempt to forcibly remove residents from the home yourself.

Please contact the following as soon as possible:

National Police;
Civil Guard;
or the competent local police.

In addition, it is advisable to seek legal guidance.

Make sure you have proof of ownership and use on hand.

For example:

writing;
brief note;
identification document;
utility contracts;
municipal taxes;
and other documents that demonstrate your relationship to the property.

Are you allowed to replace locks yourself?

If people are actually inside the home, you must be very careful about taking action on your own.

Replacing locks yourself, cutting off utilities, or putting pressure on residents can lead to legal problems.

Therefore, let the police and your attorney determine which procedure should be followed in your specific situation.

Prevention is better than litigation

For a second home that has been vacant for an extended period, practical measures can help identify problems more quickly.

For example:

good locks;
alarm system;
video surveillance in compliance with legal privacy regulations;
someone who regularly checks on the home;
neighbors who know when you're away;
have the mail picked up;
and a local contact person.

The main advantage of this is often not that a breach becomes completely impossible, but that you quickly detect when something happens.

Alarm or security system

A professional alarm system can provide added security for a second home.

When unauthorized access is detected immediately, action can be taken more quickly.

Be sure to pay close attention to:

response time;
control room;
contract terms;
presence of cameras;
and emergency procedures.

Make Your Home Look Lived-In

A home that has been visibly unused for months may be more vulnerable.

Practical measures such as regular inspections, cleaning, and maintenance can help.

That’s a good idea anyway when it comes to a second home by the sea, because otherwise moisture, leaks, and technical problems can go unnoticed for a long time.

A rented home requires different types of protection

When you buy a home with the intention of renting it out or using it as an investment, the greatest legal risk does not necessarily lie in traditional squatting.

A carefully drafted lease agreement and careful selection of tenants are just as important.

For example, have the following checked:

the tenant's identity;
income;
rental terms;
castle;
contract term;
permitted use of the residence;
and what kind of insurance is available to cover rent arrears.

Insurance against rental default can be a good idea in certain situations.

Vacation rentals and squatting are different issues

Tourist rentals should also be considered separately from traditional residential occupancy.

When you list a property for vacation rental, the following rules apply:

registration;
vacation rentals;
municipality;
homeowners' association;
and tax obligations.

A guest who enters through a legal booking is in a different legal position than someone who breaks into a vacant property.

Therefore, do not automatically use the word okupa in every situation.

Is "okupación" a major risk when buying a home in Spain?

The issue is receiving a lot of media attention and, as a result, may seem more significant than the individual risk to each homeowner.

When making a purchase, "okupación" should not be the only selection criterion.

Much more important, for example, are:

legal status of the residence;
ownership;
owe;
community;
permits;
location;
maintenance;
and how you plan to use the home.

That is why buying a home in Spain always requires a thorough legal review.

Never buy an occupied home without expert advice

Sometimes homes are intentionally sold while they are still occupied.

These may seem surprisingly inexpensive.

However, this could involve significant legal and practical risks.

Before making such a purchase, be sure to have the following thoroughly examined:

who lives there;
on the basis of which;
which procedure is already underway;
whether there is a lease agreement;
What legal steps have been taken;
and when actual delivery is realistic.

Otherwise, a low purchase price could end up costing you more in the long run.

What does Casas Palmeras check when a purchase is made?

When looking for a place to live, we don't just look at photos and price.

As part of the legal guidance process, relevant documents are reviewed before a buyer finalizes the purchase.

Consider issues related to:

ownership;
registration;
children;
legal status;
and documentation regarding the home.

You can read more about the home-buying process under Buying a Home in Spain and Our Approach.

What does the change in the law mean for foreign homeowners?

The change since 2025 has been largely positive because certain criminal cases can now be processed more quickly.

However, three important distinctions remain:

1. Not every case of illegal occupation is legally the same.
Squatting, trespassing, and rent arrears are different situations.

2. Fifteen days is not a general guarantee of eviction.
It is a timeframe within the expedited criminal proceedings, not a promise that every residence will be vacated within fifteen days.

3. Civil rental disputes are not automatically subject to this expedited criminal proceeding.

That makes sound legal guidance more important than sensational newspaper headlines like “Squatters out within 15 days.”

Buying a Home in Spain Without Unnecessary Risks

Are you interested in buying a second home, a permanent residence, or an investment property in Spain?

Casas Palmeras guides Dutch and Belgian buyers through the entire purchasing process.

View the current listings, the available new construction projects, or learn more about our approach.

Are you planning to move permanently? If so, be sure to check out our information on moving to Spain, NIE and residencia, and our emigration checklist.

Would you like us to conduct a targeted search for a property that fits your plans—whether for personal use, rental, or investment? If so, please fill out the questionnaire for your property search or contact Casas Palmeras with no obligation.

Since April 2025, Spanish law has provided more options for handling certain cases of allanamiento and usurpación through summary proceedings. This is an important change for homeowners, but it is not a general “15-day rule” that immediately resolves every form of illegal occupation. In particular, the distinction between criminal occupation and a civil dispute with a tenant remains essential.