Barcelona courts have ruled that cutting off utilities to squatted homes is no longer a crime, but fast-track evictions without judicial approval remain off the table.
Barcelona’s judicial stance on squatting has shifted, as cutting off utilities to occupied homes will no longer be considered a criminal offence. This decision, agreed upon by the judges of the criminal sections of the Barcelona Provincial Court, aims to standardise legal criteria for handling squatter-related cases.
Legal clarity for property owners
The new ruling, signed by around 60 judges on 7 March, states that a property owner—or anyone legally entitled to use a property—who discontinues utility payments or service contracts in an occupied property will not be committing a crime of coercion. The decision has been communicated to the judiciary at large, including the president of the High Court of Justice of Catalonia (TSJC), court clerks, prosecutors, and legal associations.
No green light for immediate evictions
Despite this shift, the judges rejected the idea of allowing police to carry out immediate evictions without judicial approval. Other provincial courts, such as Girona, have endorsed fast-track eviction procedures, enabling police to remove squatters within 24 hours of an unlawful occupation. Legal professionals, including bar associations in Barcelona, Madrid, and Málaga, have also advocated for legislative changes to enable swifter evictions within 48 hours.
Other key judicial rulings
The Barcelona court also ruled that no case involving a minor offence of unlawful occupation can be dismissed without police first identifying the squatters involved. Additionally, cases of home invasion, which currently fall under the jurisdiction of jury trials, will now be handled by criminal courts in expedited trials, reducing delays that can stretch to over a year.
This legal update brings some relief to property owners but stops short of the rapid eviction measures adopted in other regions.
