Mathew Wood, our resident real estate expert from Hola Properites – headquartered in Lanjarón – explains how new laws make life easier for property owners and harder for okupas.
THERE are very few words in Spain’s real estate vocabulary that strike fear into the heart of property owners (and renters) as the term “okupa” (squatter). This refers to the unauthorised occupation of vacant properties – a practice that has evolved over decades. The problem has, historically, involved implications for property owners who want to rent out their properties, own a second home, or just go on holiday without the fear of an unwanted occupation!
In 2024, Spain experienced a notable increase in unauthorised property occupations, commonly referred to as “okupaciones.” According to the Ministry of the Interior, there were 16,426 reported cases, marking a 7.4% rise compared to 2023.
Regional Distribution of Okupaciones in 2024:
- Catalonia: This region remained the most affected, with 7,009 cases, accounting for approximately 42.6% of all incidents nationwide.
- Andalusia: Reported 2,207 cases, representing a 5.3% decrease from the previous year.
- Valencian Community: Recorded 1,767 cases, reflecting a 7.7% increase compared to 2023,
- Community of Madrid: Noted a decrease of 4.3%, with 1,451 reported cases.
- Canary Islands: Registered 663 cases.
- Castilla-La Mancha: Reported 538 cases.
Historical context of this problem
The okupa movement emerged in Spain during the late 20th century, rooted in social and political activism. Activists occupied vacant buildings to protest housing shortages and advocate for alternative community spaces. Over time, this practice extended beyond activism, leading to increased incidents of unauthorised property occupation across the country (i.e. people breaking into flats and other properties that were empty at the time, and sometimes damaging them – especially in cities such as Madrid and Barcelona).
Impact on renters
The potential issue of property occupations created a climate of uncertainty amongst property owners, making some hesitant to rent out to tenants. Concerns about the legal complexities and extended timelines for evicting the squatters caused some landlords to withdraw from the rental market. This reduction in available rental properties worsens housing shortages and can drive up rental prices, making life difficult for renters who want to find a stable home.
Legal framework and challenges
Spanish law distinguishes between two main offences related to property occupation.
- Allanamiento de morada: This involves unlawfully entering and residing in someone’s primary residence. It is considered a serious offense, carrying penalties of six months to four years in prison, depending on factors such as the use of violence or intimidation.
- Usurpación: This means occupying a property that is not designated as someone’s primary residence, typically involving vacant or abandoned buildings. The penalties for usurpation are generally less severe than those for ‘allanamiento de morada’.
The legal processes to reclaim occupied properties can be lengthy. In 2022, the average length of verbal possession proceedings in the Courts of First Instance was 10.9 months, an increase from 9.6 months the previous year. When including appeals, the total average length extended to 20.5 months. In regions like Andalusia, these proceedings averaged 22.5 months, which is a long time to evict someone from your property!
One of the worst things was that property owners could not enter their own property with okupas present, or cut of utilities such as electricity. Instead, they would have to foot the bill themselves!
Barcelona”s okupa court ruling and what it means
In a significant legal development, the Barcelona Provincial Court has ruled that property owners who cut off basic utilities – such as water, electricity, or gas – are no longer committing a criminal offense of coercion against the unwanted occupants.
However, the court did not address the issue of expedited (faster) evictions. In contrast, the Girona Provincial Court previously authorised immediate police evictions without prior judicial approval (i.e. a court order), if the occupation happened within the preceding 24 hours. The Barcelona court’s recent decision doesn’t extend to such measures, instead focusing on the legality of cutting off utilities and procedures for complaints. However, it is a big step in the right direction for property owners.
Implications for landlords in Granada and Costa Tropical
While this ruling currently applies to the province of Barcelona, it sets a precedent that could influence legal interpretations in other regions, including Granada and the Costa Tropical. Landlords in these areas should be aware of what is happening.
- Legal precedent: The decision may encourage courts in other provinces to adopt similar stances, potentially allowing landlords to disconnect utilities without facing criminal charges.
- Property management strategies: Landlords might consider adjusting their approaches to dealing with illegal occupants, knowing that certain actions, like cutting off utilities, might not land them in court.
- Need for legal counsel: It is crucial for property owners to consult with legal professionals before taking action, as interpretations can vary by region. Off-the-cuff actions (such as cutting off water or dragging out the squatter!) could still result in legal consequences.
- Preventive measures: Landlords should strengthen property security and regularly inspect vacant properties to put off okupas.
So, what next?
The Barcelona Provincial Court’s ruling marks a notable shift in addressing okupas, providing property owners with more authority to manage their own properties. Landlords in Granada and the Costa Tropical should stay informed about legal developments and seek professional advice to navigate these complex issues.
Please see a video on this topic.
