Squatting and Illegal Occupation Lawyer in Spain

Where the entry is recent and ongoing, the priority is immediate police intervention as a flagrant offence, which avoids months of procedure. Where that moment has passed, there are three practical routes.

The criminal route, through a complaint under article 202 or 245.2, with an application for the precautionary restitution of the property under article 13 of the Criminal Procedure Act. The express civil route created by Act 5/2018, available to individuals, non-profit entities and public bodies, which allows the immediate recovery of possession where the occupier cannot produce a title, with a five-day deadline to do so. And the ordinary civil action for recovery of possession, slower but available in every situation.

Choosing between them is a tactical decision that depends on the evidence available, on whether the occupiers include minors or vulnerable persons, which triggers social services involvement and delays enforcement, and on whether utilities have been fraudulently reconnected, which adds an offence of electricity or water theft under article 255.

Spanish law treats the occupation of property differently according to what is occupied. Entering or remaining in another person’s dwelling that serves as their home is the offence of allanamiento de morada under article 202 of the Criminal Code, punishable with imprisonment. Occupying property that is not a dwelling, against the owner’s will, is the offence of usurpación under article 245, punishable with a fine.

The distinction matters a great deal, because it determines both the seriousness of the proceedings and the fastest route to recovering the property. Identifying the correct category at the outset shapes the whole strategy.

Where occupants include minors or persons in a situation of vulnerability, the courts must weigh their protection, which can affect the timing of an eviction and requires the involvement of social services. This is one of the factors that most often lengthens these proceedings.

We anticipate these questions from the outset, so that the owner understands the realistic timescale and so that, on the other side, the rights of vulnerable occupants are properly raised and respected.

It is essential to distinguish the unlawful occupation of property from the situation of a tenant who has a contract but stops paying. The latter is not squatting: it is resolved through the civil eviction procedure (desahucio), not through the offences of usurpación or allanamiento.

Confusing the two leads to the wrong procedure and to delay. We identify the correct category at once, which is what determines the fastest lawful route to recovering the property.

Prevention is far more effective than recovery. Owners of property left empty benefit from basic measures: securing access, acting within the first hours of any occupation, and keeping documentary proof of ownership and of the property’s status readily available.

We advise owners on these steps and on how to react immediately if an occupation begins, since speed is the single factor that most affects the outcome.