In mid-November 2024, Spain’s Congress of Deputies approved a law aimed at significantly reducing the issue of illegal property occupation, known as „ocupas.” The legislation addresses a long-standing problem with squatters unlawfully occupying properties, often without incurring any costs. The new measures promise faster evictions and stricter penalties for lawbreakers.
Origins of the „Ocupas” Problem
The „ocupas” phenomenon dates back to the 17th century when unused lands were occupied by farmers. It saw significant growth in the 1960s and 1970s alongside anarchist movements. The issue escalated during the 2008 financial crisis when laws introduced to protect tenants in economic hardship were abused by marginalized groups, immigrants, and even organized mafias.
Under previous regulations, property owners had only 48 hours to report a break-in. After this period, evictions could only proceed through lengthy court processes, often lasting months or even years. In the meantime, owners were responsible for utility bills, and any attempt to remove squatters independently could result in charges of disturbing the peace.
Key Changes Under the New Law
The new legislation, supported by the opposition Popular Party and smaller groups, introduces significant reforms to tackle the impunity of squatters:
- Immediate Police Action: Spain’s National Police and Civil Guard can now remove squatters without a court order if property ownership documents are provided by the owner.
- Expanded Protections: The new rules also cover vacation homes and temporarily used properties, ensuring legal protection for tourists and owners of secondary residences.
- Faster Court Proceedings: Cases related to property occupation must be resolved in court within a maximum of 15 days.
- Financial Penalties and Prison Sentences: Individuals illegally occupying properties can be held accountable for damages, with sentences of up to 5 years in prison for breaking and entering.
- AlertCops App: Neighbors or passersby can report squatters through this app, enabling quicker responses from authorities.
Statistics and Prospects
In 2023, Spain recorded over 15,000 cases of illegal property occupation, an 8.8% decrease compared to the previous year. The introduction of new laws aims to further reduce this problem by closing legal loopholes and shortening eviction timelines.
Will the New Law Solve the Problem?
While the law has garnered support from centrist-right parties and smaller factions, the ruling Socialists and left-wing parties oppose it, fearing it will disproportionately affect the poorest segments of society. Critics also argue the reforms will only be effective if property owners can promptly present necessary documentation.
However, most experts view these changes as a step in the right direction, particularly in safeguarding property owners from abuse. With expedited eviction processes and police support, the law has the potential to curb the „ocupas” phenomenon and restore balance in the property market.
Extralegal Methods to Counter „Ocupas”
In the face of ineffective previous laws, a market for private services emerged, with companies like Desokupa specializing in the quick removal of squatters, often operating on the edge of legality. These costly services were especially popular among foreign property owners. The new law may reduce the demand for such solutions.
Spain now faces a crucial opportunity to resolve the issue of illegal squatters, which has long posed a significant challenge for property owners. If effectively implemented, the new law could dramatically improve the situation and restore trust in the legal system. Its success, however, will depend on the efficiency of courts and law enforcement, as well as clear regulations.