Squatters in Spain: what the law really says and how to protect your property

The subject of okupas comes up in almost every conversation about buying a house in Spain – usually in its headline version. I have put together the current legislation and official statistics to separate the real risk from media shorthand and show what actually protects an owner in practice.

Peñíscola – zabudowa starego miasta nad morzem
Photo: Mikhail Chichkin / Unsplash

In brief

  • According to official Interior Ministry statistics, in 2025 the police recorded 14,875 incidents in the "allanamiento / usurpación" category across Spain. The country has around 26.6 million homes.
  • A home you actually spend time in – including as a second home – is, as a rule, treated by prosecutors as a morada, meaning someone's dwelling. Occupying it is a more serious offence than occupying an empty property.
  • No provision sets a fixed eviction deadline of "24/48 hours" or "15 days". The circumstances decide: an immediate "in the act" response or court proceedings.
  • Most depends on careful buying, a visible presence and prompt reporting.

Two different offences, one colloquial word

"Okupas" is a media term, not a legal one. The Spanish Criminal Code (Código Penal) distinguishes between two situations, and almost everything depends on that distinction: the penalty, what the police can do and the route the owner will take.

Allanamiento de morada – when someone enters another person's home

Article 202 covers situations in which someone enters another person's morada or remains there against the occupant's will. Morada is the place where someone's private life takes place – not just a registered address. The penalty is 6 months to 2 years' imprisonment. If the offender used violence or intimidation, it is 1 to 4 years plus a fine (6 to 12 months of daily-rate units).

Usurpación – when the occupied property is nobody's home

Article 245 covers the occupation of a property that is not a morada: an empty flat from a bank's portfolio, an unfinished development or commercial premises. For occupation without violence (Article 245(2)), the court may impose only a fine of 3 to 6 months of daily-rate units. This mild sanction is the source of the belief in "impunity" – but it applies mainly to empty properties, not to homes someone uses.

How widespread is it?

The Ministry of the Interior publishes its data on the Crime Statistics Portal, in a single combined category covering both offences. In 2025 there were 14,875 incidents known to the police – around 9% fewer than in 2024 (16,426). The highest figure in the series since 2010 was in 2021 (17,274). The data cover all police forces, including regional ones. Nearly 40% of the 2025 cases (5,913) were recorded in Catalonia.

For scale: according to the INE 2021 census , Spain has around 26.6 million homes, of which around 3.8 million stand empty. Even assuming that each incident involved a different home – and the statistics also include commercial premises and land – we are talking about a fraction of a per cent of the housing stock (around 0.06%). The risk exists, but it is unevenly distributed: it is concentrated in certain regions and mainly affects properties that stand empty.

A second home: is it more at risk?

This is the question I hear most often from people planning to spend a few months a year in Spain. From a legal point of view, the answer is fairly reassuring. In Instruction 1/2020 , the Attorney General's Office stated that second homes count as a morada, provided that the owner's private life takes place in them – even periodically. Occupying them should therefore be classified as allanamiento de morada, not the milder usurpación.

In practice, what matters is whether you can show that the house really is used. That is why the evidence I describe below is so important. The most frequent targets remain properties with no sign of life: repossessed by banks and funds, unfinished or uninhabited for years.

Granada – widok na dzielnicę Albaicín
Photo: David Vives / Unsplash

What has changed in the law

  • 2018 – a faster civil procedure. Ley 5/2018 introduced an expedited procedure for recovering possession (Article 250.1.4 LEC) for individuals, non-profit organisations and public bodies with social housing. The occupier has 5 days to show a legal title; if they fail to do so, the court may order the property to be handed over. Companies and banks cannot use this route.
  • 2020 – guidelines for prosecutors and the police. FGE Instruction 1/2020 set out, among other things, how to apply for an order to vacate the property (desalojo) as an interim measure at the very start of criminal proceedings. In September 2020 the Interior Ministry also issued an instruction to the police (6/2020), confirming that they can act immediately when an offence is discovered "in the act".
  • 2023 – new requirements in civil cases. Ley 12/2023 on the right to housing added to the procedure, among other things, an obligation to state whether the property is the defendant's permanent home and whether the claimant is a large-scale owner (gran tenedor). Some of the requirements for large-scale owners were struck down by the Constitutional Court (judgment 26/2025).
  • 2025 – fast-track procedure in criminal cases. Ley Orgánica 1/2025 added both offences to the list of cases that can be heard in a juicio rápido; the change has applied since 3 April 2025. In Circular 1/2025, the Attorney General's Office clarified that the mildest form of usurpación (without violence, punishable only by a fine) goes through the procedure for minor offences, whereas for allanamiento de morada the fast-track procedure comes into play when the case begins with a police report and the statutory conditions are met.

Status as of September 2026: in May 2026 Congress accepted for further consideration a private members' organic bill against illegal occupation (no. 122/000254). The bill is at the amendment stage and has not come into force. In September, MPs also passed a non-binding motion (moción) calling on the government to make eviction possible within 24–48 hours. The law in force has not changed – I will return to the subject if work on the bill moves forward.

Where the "48 hours" and "15 days" come from

Two contradictory versions circulate online: that after 48 hours the police "can no longer act", or that an eviction is always over within two days or two weeks. Neither figure comes from the statute.

What the police can do is determined by Article 18(2) of the Constitution: a home may not be entered without consent or a court order, unless there is flagrante delito – an offence in progress or just discovered. In that case officers can respond immediately. If that "immediacy" is missing, a court decides on vacating the property – in criminal proceedings as an interim measure, or through the civil route. The timing depends on the evidence, the type of proceedings and the workload of the particular court. That is why prompt reporting with a full set of documents makes such a difference.

Before you buy: five checkpoints

  1. Nota simple from the Registro de la Propiedad – the current owner, charges and entries.
  2. An on-site inspection (in person or through someone you trust) – is the property empty, and what state are the locks and meters in?
  3. Be careful with "vivienda ocupada" listings. The lower price reflects a dispute with the occupiers whose length cannot be predicted. This is a product for specialist investors, not a holiday home.
  4. The community of owners and documents – a certificate confirming there are no arrears owed to the comunidad de propietarios, a conversation with the property manager about security in the building and, where the region requires it, a cédula de habitabilidad.
  5. A clause in the contract – as early as the reservation agreement and the contrato de arras , it is worth agreeing that the property will be handed over free of occupants (libre de ocupantes), with the keys handed over at the signing of the deed.
Klucze w zamku drzwi
Photo: Jaye Haych / Unsplash

How to reduce the risk day to day

  • A monitored alarm – lets you call the police the moment someone enters, i.e. in a situation of flagrante delito.
  • A regular presence – yours, your family's, a maintenance company's or a trusted neighbour's, who will let you know about any worrying signs.
  • No signs of an empty property – an emptied letterbox, a well-kept terrace, lighting on a timer.
  • Proof that it is your morada – utility bills in your name, dated photos of the interior, personal belongings, proof of stays. Registration on the local census (empadronamiento) is not a requirement here.
  • Insurance with legal protection (defensa jurídica) that covers occupation – it is worth checking the limits and exclusions.

Companies offering "desokupación" – what you should know

In Spain there are private companies advertising eviction services, known as desokupación. Most often they offer negotiation and mediation with the people occupying the property, protection and securing of the property (e.g. surveillance or securing the doors and windows of an empty property) and cooperation with lawyers who handle the case in court.

It is worth drawing a clear line between the roles. A private company is not the police or a judicial authority and has no independent right to forcibly remove anyone from a property. The formal vacating of a property (desalojo) or eviction (lanzamiento) take place within the relevant proceedings – criminal or civil – and the eviction is carried out under the direction of the court, with police involvement if necessary (Ley de Enjuiciamiento Civil, Article 703). Property security services, in turn, may only be provided by licensed security companies entered in the register and employing authorised staff (Ley 5/2014 de Seguridad Privada, Articles 5 and 18).

The market for these services is controversial in Spain, and the methods of individual companies vary greatly. In February 2025 a congressional committee rejected a motion to outlaw them, and the courts have already handed down judgments for overstepping the law. Threats, violence, harassment, unlawfully cutting off utilities or other forms of pressure may constitute an offence – including coacciones (Article 172 of the Código Penal) or taking the law into one's own hands with violence or intimidation (Article 455 of the Código Penal). Liability may extend not only to those carrying out such actions but also to whoever commissions them.

If you are considering using such a company, first consult a Spanish lawyer (abogado): check that the company has the required licences, ask for a detailed written scope of services and make sure that every step stays within the law. The main route remains a report to the police and proceedings handled by a lawyer.

If your property is occupied

There is no single sequence of steps that fits every situation. In practice it is worth pursuing several routes in parallel – and the same documents will be useful on each of them.

Three routes you can pursue at the same time

  • Police – report it on 112, 091 (Policía Nacional) or 062 (Guardia Civil); in Catalonia and the Basque Country there are also regional police forces (Mossos d’Esquadra, Ertzaintza). A prompt report helps to document the moment and circumstances of the occupation. The specific case will determine whether the situation counts as flagrante delito.
  • A Spanish lawyer (abogado) – will assess the situation, help you file a criminal complaint (denuncia) and choose the legal route: criminal (with an application for desalojo as an interim measure) or civil under Article 250.1.4 LEC.
  • A desokupación company – if you want to consider one – as an additional service, e.g. mediation or securing the property, after checking its licences and methods and after consulting your abogado. Such a company is no substitute for legal proceedings or police action.

What to prepare

The title deed, utility bills, dated photos, statements from neighbours and proof of your last stay. These documents allow you to show that the property is yours and that you use it.

What not to do

Do not take matters into your own hands. Changing the locks yourself, cutting off utilities, making threats or forcibly removing people may be treated as an offence, e.g. coacciones (Article 172 of the Código Penal) – regardless of whether you do it yourself or commission someone else to do it.

If you are planning to buy in Spain and want to go through these steps calmly, with someone who knows them from the inside – I would be glad to talk.

Planning to buy property in Spain?

Tell me about your plans – I will be happy to help you find the right direction.