Recent legal reforms were meant to be the silver bullet for Spain’s squatting problem. But barely a month after new anti-squatting laws were introduced, press reports reveal that some occupants are already turning loopholes into weapons—leaving property owners exactly where they started.
An anti-squatting law with good intentions… and glaring gaps
The updated Law of Criminal Procedure, which came into force in early April via Organic Law 1/2025, was hailed as a breakthrough. Specifically, the changes to Article 795 were designed to enable swift “express evictions” of illegal occupants in clear-cut cases of squatting—such as when a property is invaded unlawfully and without consent.
Theoretically, the fast-track mechanism allows authorities to evict squatters in 48 hours and resolve cases within 15 days. In practice, it’s proving about as watertight as a colander.
As it turns out, the reforms don’t cover the most insidious version of the problem: inquiokupación—when tenants enter into a legitimate rental agreement and then stop paying, refusing to leave.
Fast-track fail: the crafty tactics sabotaging the process
Even in straightforward squatting scenarios, legal experts and residents’ associations are pointing to a growing number of strategic manipulations designed to gum up the system.
Once the initial 48-hour window passes and obtaining a court order becomes necessary, squatters can deploy a range of tactics to delay proceedings:
- Producing fake rental contracts
- Providing food receipts as “evidence” of long-term residence
- Presenting false witnesses
- Simply vanishing to avoid being served
Because courts demand proper identification and notification of the individuals involved, any disruption—or trickery—can stretch the process from days into months. And with Spain’s overburdened judicial system, even fast-track trials are subject to frustrating delays.
“The law gave hope to many owners,” says property lawyer Marta del Campo. “But realistically, only a fraction of cases will benefit from the new provisions.”
The elephant in the room: inquiokupación isn’t covered
For all the attention on illegal squatting, few legal changes have addressed inquiokupación—the increasingly common occurrence where a previously legitimate tenant turns rogue.
This type of occupation isn’t classified as criminal trespass, but rather as a contractual breach. That means any eviction must move through the sluggish civil litigation system, often requiring many months—and sometimes years—before a judge rules in favour of the landlord.
And while the political optics of cracking down on squatters are strong, passing meaningful protections against contract abuse has proven to be a much trickier proposition—especially in Spain’s tense rental market.
Owners still on the back foot
The Organisation of Consumers and Users (OCU) recently published a guide for landlords to detect and prevent inquiokupación, offering practical advice such as thorough tenant vetting and the use of rental non-payment insurance. But even they admit that, for many property owners, prevention remains the only real defence.
Meanwhile, in smaller towns and rural areas, a new trend is emerging: organised squatters targeting empty second homes and bank-owned properties that are less likely to be monitored.
The government’s reforms were meant to shift the balance in favour of landlords. But as the old saying goes, “Hecha la ley, hecha la trampa”—when the law is passed, the loophole is already being exploited.
Unless further action is taken to address both squatters and rent-dodging tenants, Spain’s property market may remain a legal labyrinth for honest owners, and a tactical playground for those who know how to play the system.
