Eviction and Penal Code in Spain

Eviction of squatters in Spain: What Can You Do?

When someone illegally occupies your property, especially if you live in another country or it's a second residence, it can be a very stressful experience. In Spain, since September 2020, there is a Protocol that helps resolve these cases.

Before this regulation, action could only be taken quickly if the occupied property was the owner's primary residence. If it was a second home, it was not considered a serious crime. Now, thanks to the Security Protocol , even second homes can be protected if it is demonstrated that they are used as a “home” by their owners, even occasionally.

This is key because it allows the application of the article 202 of the Penal Code , which allows the police to recover the property without the need for a trial. In other words, if you file a formal complaint and provide proof that the place is your home, the agents can intervene immediately.

But if you can't prove that you use that house regularly, article 245 , which punishes usurpation, applies. In this case, the process is slower and requires a trial. Moreover, the squatters could claim that this home is their habitual residence, complicating the situation even further.

In summary, if you are a victim of illegal occupation, you must act quickly and document your relationship with the property well. This will facilitate the eviction of squatters in Spain and avoid long procedures.

For more information on how to defend your rights as a property owner, visit the official page of the Ministry of the Interior here .