What to Do If You Have an Okupa in Your House

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Catalunya is by far, the autonomous community most affected by okupas (squatters). According to the Ministry of the Interior, the number of illegal occupations reported in the city of Barcelona increased to 3,611 during the first six months of 2020.

It’s a hot topic, and there is a lot of misinformation out there. But the fact is, most illegally occupied houses either belong to banks, are new construction or are empty houses. It’s unusual to find a case in which squatters take over someone’s habitual residence. There are a lot of urban legends surrounding the “okupa phenomenon.” One of them is that the owner of a property cannot enter the house if a squatter has taken up residence; but this is not the case.

In fact, the moment the owner of the property calls the police and proves ownership, the agents must arrest the squatters under the grounds of flagrance. Confusion often arises because when the police respond to a call about an unlawful occupant in a house, the officers have to attend to the petition of the complainant, but they have to do so without infringing on the legitimate right to housing that the squatter has to occupy spaces that are not the owner's primary residence.

This is a reality that is known by the large percentage of people that occupy and access spaces that are not being used by anyone as a primary residence. A squatter will often install or sell the key to the home to gain time which then becomes an endless cycle for the owners when the case enters the courts.

What Can You Do?

If someone has installed themselves in your property, the first thing you should do is to collect all the possible evidence regarding ownership of the property, call the police and file a police report. Once the report is completed, the case should pass automatically to the investigation court of the city in which the property is located. However, to speed up the process, we recommend that the victim file a court claim requesting the eviction of the property in the interim.

It is important to note that property rights in Spain are protected by the law; according to article 202 of the Spanish penal code, forced entry into someone’s house is a criminal offense that could be punished with up to six years in prison.

However, since criminal cases often suffer considerable delays, the Spanish government set a new regulation on 2018 in the law 5/2018, of June 11, in relation to the illegal occupation of housing with the purpose of speeding up the process. Addressing the problem of squatters through Spain's civil eviction process tends to be faster and more effective than filing a standard criminal case.

How It Works

The procedure begins with the filing of a civil lawsuit based on Article 250.1.4. and the petitioner must enclose all the documents that prove ownership in accordance with Article 437.3.bis of Spanish civil procedure law.

The owner of the property or any other legitimate holder by another title (such as non-profit entities with the right to possess the property or public entities that are the owners or legitimate holders of social housing) may take legal action and request the immediate recovery and possession of a property, provided that they have been deprived of it without their consent. This type of lawsuit can be addressed generically against the unknown occupants of the property, without prejudice to the notification of the lawsuit to whomever is in the property at the time of the notification.

The summons of the claim requires that the illegal occupants provide a document that justifies the occupancy or possession of the property within five days of receipt. If sufficient justification is not provided, the court shall order the immediate eviction of the squatters from the property and it is not subject to appeal. Additionally, the order will include a communication to the public services responsible for social policy to adopt the necessary protective measures within seven days. Finally, according to Article 444.1 bis of the Spanish code of civil procedure, if the defendant or defendants do not answer the lawsuit within the legally stipulated period of time, a judgment will be issued immediately.

What NOT to Do

What is not recommended is that the victim circumvent the legal system and take matters into their own hands; this includes the hiring of private companies that sell eviction services using illegal methods. Is mandatory to use the legal framework established by Spanish law, otherwise, the owner of the property can be accused of—and found guilty of—committing a crime. The owner of a property that has been illegally occupied should always call the police and file a complaint with the court. Any other advice could lead to unwanted legal problems and involves a high risk of being scammed by the companies or persons that offer these extralegal services.

Discovering that your property has been taken over by squatters can be extremely frustrating and stressful. But, while the legal procedure takes time, it is the only secure, lawful way to assure the expected result and recover possession of your property.

If you have questions that you would like answered or are looking for professional advice you can contact Klev&Vera at (+34) 93 17 60 190.

For over 15 years Klev&Vera has specialized in attending the legal needs of international clients in Spain. Klev&Vera’s multilingual team of lawyers and paralegals have many years of experience in big law firms, the public sector and international projects. If you are looking for professional legal advice you can contact them at the Klev&Vera office in Barcelona.

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Sponsored by Klev&Vera International Law Firm.

Disclaimer: The information provided on this website does not and is not intended to, constitute legal advice; instead, all information available on this site is for general informational purposes only. Laws are subject to change and do so regularly. While the Barcelona Metropolitan endeavors to ensure that the content is accurate and up-to-date, users should seek appropriate legal advice before taking or refraining from taking any action based on the content of the website or otherwise.

Originally published September 8, 2020, updated March 20, 2023.