Recent changes to Spanish law have introduced a more efficient system for dealing with the eviction of illegal occupants, known as “okupas”. These amendments aim to streamline the process, reducing delays and ensuring swifter resolutions for property owners. Here’s a closer look at how the updated procedure works.
Key changes to the law
Faster evictions: The new law, approved on 19 December 2024, significantly shortens the timeframe for evictions in cases of trespassing (allanamiento de morada) and squatting, officially known as property usurpation (usurpación de vivienda). These cases will now follow a “fast trial” process, which could see resolutions in as little as 15 days. This marks a significant improvement from the previous average timeframe of two years.
Judiciary efficiency: The reform is designed to enhance the efficiency of the Public Justice Service by expediting procedures related to illegal occupations.
Legal framework: The expedited eviction process is governed by the Civil Procedure Law (LEC), particularly articles 250.1.4º, 437.3 bis, 441.1 bis, and 444.1 bis. Revisions introduced in June 2018 by Law 5/2018 specifically address illegal property occupations.
The express eviction process
The new system follows a structured approach to ensure a swift and fair resolution:
Filing the lawsuit: The property owner files the lawsuit in the court of first instance where the property is located. The document must establish the plaintiff as the legitimate owner or possessor and be directed “against the unknown occupants.” Legal representation by a lawyer and solicitor is mandatory.
Admission of the lawsuit: Within approximately one month, the court issues a decree of admission. If immediate possession is requested, the decree requires the occupants to provide proof of their right to occupy the property within five days. Failure to do so leads to a court-ordered eviction.
Notification to occupants: The occupants are formally notified of the lawsuit, ideally by the solicitor to expedite the process. Occupants may present documentation to justify their occupation, potentially leading to a trial to determine the rightful owner.
Eviction: If the occupants fail to present a valid title within five days, the court issues a non-appealable eviction order. A date is set for the removal, and the eviction is executed in the presence of court officials and the solicitor. A detailed record is made of the property’s condition and the events during the eviction.
Important considerations
“Inquilokupación” excluded: The updated law does not address “inquilokupación” cases, where tenants legally enter a property through a rental agreement but then exploit legal loopholes to stop paying rent.
The 48-hour myth: Despite popular belief, eviction does not become impossible after 48 hours. While this period is significant for classifying a crime as “in flagrante delicto” (caught in the act), there is no explicit legal limit for taking action. Early reporting of illegal occupation remains crucial for a smoother process.
Flagging the issue: The 48-hour window primarily relates to police intervention without a court order, which is permitted for crimes caught in the act. Beyond this timeframe, a court order is required due to the constitutional protection of home inviolability.
Expert opinion
Legal experts, such as José Ramón Zurdo, CEO of the Rental Negotiating Agency (ANA), suggest that the law should provide a clearer definition of “flagrante delicto.” Establishing this window more precisely would enable police to intervene more effectively within the first 48 hours of an illegal occupation.
In theory the introduction of these reforms represents a positive step towards protecting property rights in Spain, offering landlords faster and more reliable solutions to illegal occupation cases.
