Occupation of a property on the Costa Blanca: between usurpation and breaking-and-entering, a fast track exists.
Illegal occupation of a home or property in Alicante and on the Costa Blanca: Articles 202 and 245 of the Spanish Criminal Code distinguish breaking-and-entering from usurpation. For owner or accused, the qualification governs the procedure and the eviction timeline.
In brief. illegal occupation falls under two offences: breaking-and-entering a dwelling (Art. 202), where the property is someone’s actual home, punishable by prison; and usurpation (Art. 245), for a property that is not a dwelling, punishable by a fine, or prison where violence is used. Fast civil and criminal eviction routes exist. The exact qualification is decisive, in Alicante.
Not everything is “okupación”. Breaking-and-entering (Art. 202) targets a person’s actual living space and is punished by prison; usurpation (Art. 245) concerns a property that is not a dwelling and is punished, in principle, by a fine.
Violence changes the penalty. Usurpation committed with violence or intimidation of persons (Art. 245.1) is far more severely punished than the peaceful occupation of an empty premises.
Fast eviction routes exist. Beyond the criminal side, the law offers owners fast-track civil proceedings to recover possession, to be combined with the criminal complaint.
| Situation | Article | Penalty framework | Key point |
|---|---|---|---|
| Breaking-and-entering | 202.1 | 6 months – 2 years | Actual dwelling |
| Entering with violence | 202.2 | 1 – 4 years | Violence or intimidation |
| Usurpation with violence | 245.1 | 1 – 2 years | Violence against persons |
| Peaceful usurpation | 245.2 | Fine (3 – 6 months) | Non-dwelling property |
| Express eviction | Law 5/2018 | Fast civil procedure | Recovery of possession |
| Interim measure | Art. 13 LECrim | Provisional return | During the investigation |
| Utility fraud | 255 | Fine or prison | Illegal connections |
| State of necessity | 20.5 | Possible mitigation | Extreme vulnerability |
Indicative figures based on the Spanish Criminal Code. Qualification and penalty depend on the nature of the property and the circumstances. This table does not replace a lawyer’s analysis.
We act on both fronts. For the owner, combining a criminal complaint with civil eviction proceedings speeds up recovery; for the accused, the exact qualification and personal circumstances are decisive.
Every day counts in Alicante. Immediate action, with a request for an interim return measure, often allows the property to be recovered without waiting for the outcome of the trial.
Owners and landlords seeking to recover their property quickly.
Non-resident owners of an occupied home on the Costa Blanca.
Occupants prosecuted for usurpation or breaking-and-entering.
Owner communities facing occupation of common premises.
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