Squatting in Spain: what the law actually says

The subject attracts more myth than any other in Spanish property. The legal position is narrower and more practical than the headlines suggest, and prevention is where the real leverage sits.

Two different situations

Entering a dwelling that constitutes someone's home, or a second home in use, is treated as a more serious offence and allows police to act without waiting for a court order, particularly where the occupation is recent and can be evidenced. Occupying a property that stands empty is treated differently, and recovering possession normally requires a court process even though the occupation is unlawful.

The first 48 hours

Speed is decisive. Where an occupation is detected quickly and reported immediately, police can often act on the basis that it is being caught in progress. Where weeks pass, the situation shifts into a process that runs in months. That is why a caretaking arrangement with fortnightly visits, at 120 to 250 € a month, is not only about maintenance for an owner who lives abroad.

What not to do

Cutting off water or electricity, changing the locks while occupants are inside, or entering to remove belongings. Each of these can expose the owner to a criminal complaint of coercion and hands the occupiers a strong position. However unjust that feels, the recovery must run through the legal route, and an owner who takes matters into their own hands typically lengthens the process rather than shortening it.

Negotiated departures, sometimes with a payment, are more common in practice than the public debate suggests, precisely because the legal route is slow.

Prevention

An alarm with verified response so that an entry generates a call within minutes. A caretaker visiting on a regular schedule. Reinforced door and shutter fittings, which cost 400 to 1,200 € and deter opportunistic entry. Keeping the property looking occupied, with timed lighting and post collected. And notifying the community and neighbours when the property will be empty for a season, since a neighbour's phone call is the fastest detection system available.

The cost comparison is stark. Recovery proceedings run 6 to 18 months with legal costs of 2,000 € to 6,000 €, during which the owner still pays community fees, IBI and insurance. Against that, an alarm with verified response costs 300 € to 600 € to install and 25 € to 45 € a month, and a caretaker visiting fortnightly 120 € to 250 € a month.