The problem of illegally occupying other people’s properties, known in Spain as the “okupas” phenomenon, has long been a serious concern for owners, especially foreign investors. The lengthy and cumbersome legal procedures, which could drag on for years, created a sense of impunity for intruders and helplessness for owners. In response to this pressing issue, a long-awaited new law came into force in Spain in the spring of 2025, aiming to put an end to this practice. This important legislative change empowers authorities to carry out express evictions of “okupas” within 48 hours and introduces stricter measures to protect private property.
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The New Reality: What Changes with the 2025 ‘Anti-Okupas’ Law?
The main problem until now was that once the first 48 hours of illegal settlement had passed, the police could not intervene without a court order. Squatters, aware of this, would quickly establish themselves and even change the locks, turning their subsequent removal into a real legal odyssey for the owner. The new law, officially known as the Law on Procedural Efficiency Measures (Ley de Medidas de Eficiencia Procesal), introduces a radical change to this process.
The key innovation is the introduction of an “express eviction” (desalojo exprés) procedure. According to the new regulations, once the owner files a complaint, the court can require the occupants of the property to present a valid legal basis for their stay (such as a rental agreement) within a maximum of 48 hours.
If the squatters fail to provide such a document within this period, the judge can issue an immediate eviction order to be carried out by the police. This drastically shortens the timelines and eliminates the need for a lengthy court case, which was the biggest weapon for “okupas” in Spain.
Who is Protected by the New Law?
The law is designed primarily to protect:
- Private owners: Regardless of whether the property is a primary or secondary residence (holiday home).
- Small investors: Individuals who rely on rental income.
- Vulnerable groups: Especially elderly citizens who often fall victim to such schemes.
The law also provides for stricter penalties for repeat offenders and for organized groups (mafias) involved in illegally occupying and subsequently “renting out” squatted properties.
Prevention: How to Effectively Protect Your Property in Spain?
Although the new law is a huge step forward, prevention remains the best strategy. Getting your property back in 48 hours is good, but it’s best not to get to that point at all. Here are a few key steps every owner should take:
1. Alarm Systems Connected to a Security Company
This is arguably the most important preventive measure. Modern alarm systems with video verification allow the security company to immediately confirm an unauthorized entry and call the police. As the response is instant, the intruders are caught within the critical 48-hour window before they can establish themselves. This is treated as a burglary (allanamiento de morada), not “occupation,” which allows for immediate police action. If you are looking for security for your property in Spain, this is the first investment you should make.
2. Specialized ‘Anti-Okupas’ Insurance
An increasing number of insurance companies in Spain offer specialized policies for protection against illegal occupation. These policies typically cover:
- Legal costs: Payment of legal fees and court costs if a lawsuit becomes necessary.
- Loss of rental income: Compensation for the period you were unable to use or rent out your property.
- Repair costs: Coverage for damage caused by the squatters.
3. Maintain Good Relationships with Neighbours
If your property is a holiday home and remains empty for most of the year, good relationships with your neighbours are invaluable. They can be your eyes and ears and inform you immediately of any suspicious activity. Leave them your phone number so they can contact you or the police directly.
4. Don’t Let the Property Look Neglected
An overflowing mailbox, permanently drawn blinds, and a neglected appearance are clear signs that the property is uninhabited for a long period. Ask someone (a friend or a property management company) to periodically raise the blinds, collect the mail, and ensure the property looks lived-in.
The new “Anti-Okupas” law represents significant progress in the protection of private property in Spain and restores peace of mind for investors. The combination of legal changes and proactive preventive measures is the surest way to ensure that your investment in a property in Spain is safe and secure.
For further information on the legal framework, you can refer to the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil), which is the basis for these procedures.
This post is also available in: Български
