Okupas in Spain: who they are, what the law says and what owners should do

Overview

Okupas are people who move into someone else’s home without the owner’s consent. In Spain, occupying property is a crime, but evicting okupas quickly is not always possible: the police act on their own only when the offence is caught in the act; in all other cases a court decision is needed. A 2025 law shortened court proceedings, but it does not apply to families with children or to tenants who stop paying rent.

Who okupas are in Spain

The word okupa comes from the squatter movement of the eighties, when empty buildings were occupied in protest against rent prices. Today the meaning is different. Okupas in Spain are those who move into someone else’s flat or house without permission and refuse to leave. For property owners this is no longer social protest but a problem of money and time.

The profiles vary. Some okupas in Spain are families who lost their homes after the crisis; others are organised groups that occupy property to demand a payoff. There are also those who change the lock and rent out someone else’s flat to third parties.

For the property owner the difference is small: they lose access to their private property and have to resolve the matter through the police and the courts.

Important! The problem does not only affect empty houses by the sea. City flats, homes the owner rents out and bank-owned properties are occupied too.

An okupa and a tenant who stops paying are two different cases

This is the main source of confusion on the topic. Spanish law distinguishes two situations, and which one you are in determines both the procedure and how long eviction takes.

Feature	Occupation (okupación)	Non-paying tenant (inquiokupación)
How the people got into the home	broke in, entered without permission	moved in under a rental contract
Legal nature	a crime, unlawful entry	a civil dispute over a contract
Where the owner should go	the police, then the criminal court	the civil court only
The 2025 fast-track procedure	applies	does not apply
Typical time to eviction	from a few weeks to a year	from a few months to two years

If a family rents a flat, pays, then stops paying and carries on living there, they are not okupas — it is a contract dispute. The ordinary rules that govern a rental contract in Spain apply. The rule is simple: if there is a contract, the case goes to the civil court.

How a flat is occupied in Spain

The pattern of property occupation in Spain repeats from case to case.

1. They find a property that looks empty: closed shutters, an overflowing letterbox, dark windows in the evening.
2. They wait for a weekend or holiday, when the neighbours are away and the police are busy.
3. They force the door, replace the lock cylinder and bring in a few belongings.
4. They get a letter or a subscription sent to the address, and sometimes use municipal registration at the address, empadronamiento — any document with that address will do.
5. They tell the police they have lived there for a long time and demand a court decision.

The last step is key. Once the home is considered lived-in, it is protected as a dwelling, and the okupas can no longer be evicted without a court.

What Spanish law says: two articles of the Criminal Code

The Spanish Criminal Code distinguishes two offences. Which article applies determines the penalty and how quickly the case proceeds.

Offence	Article	What it is	Penalty
Allanamiento de morada	art. 202	entering a dwelling where someone lives	imprisonment, measured in years
Usurpación	art. 245	occupying an empty property	usually a fine, in some cases a short prison term

The difference lies in whether the home was lived in. A flat where the owner lives permanently is a morada (dwelling), and intrusion into it is punished more severely. An empty house nobody has visited for two years falls under the second article, where a fine is more common.

Important! The concept of “dwelling” is broader than it seems. It includes not only the main residence but also a second home and a flat the owner rents out.

The 48-hour myth in Spain

Almost every article about property occupation in Spain repeats that the owner has 48 hours, after which it is too late. The rule is convenient but inaccurate.

There is no rule in Spanish law about eviction within 48 hours. There is the concept of flagrante delito — a crime being committed right now or just committed. As long as the situation is considered obvious, the police have the right to evict the occupiers themselves, without a court decision. Once it is no longer obvious, court proceedings begin.

Forty-eight hours is a benchmark from police practice, not a period set by the code. The police may step in on the third day if a neighbour filmed the break-in, and may refuse after a few hours if there is already furniture inside.

The conclusion does not change: report it the same day. Every hour works against the owner.

What the 2025 Spanish law changed

In early 2025 Ley Orgánica 1/2025, the law on the efficiency of the justice system, came into force in Spain. For property occupation it did the main thing: it moved occupation cases to fast-track proceedings, juicio rápido.

What this gives you:

• the eviction decision is made in about fifteen days from filing the claim
• there is no need to wait in the general queue of civil cases, which could stretch to a year or more
• priority goes to the owner’s property rights, not to how long the occupiers have lived there

What the law did not change:

• the fast-track procedure does not apply to non-paying tenants
• cases involving vulnerable families still go to social services
• filing the claim and gathering documents take time

Important! Fifteen days is the length of the court proceedings, not the time from occupation to getting your keys back. Considerably more time passes between discovery and actual eviction.

How long it takes to evict okupas in Spain

The timeframe is made up of stages. These are guidelines, not guarantees: a lot depends on the Spanish province and how busy the court is.

Stage	What happens	How long it takes
Police report	recording the facts, inspection	on the day you report
Eviction when caught in the act	the police act without a court	hours
Preparing and filing the claim	proof of ownership, evidence	from a few days
Court proceedings	under the fast-track procedure	about fifteen days
Enforcing the decision	setting a date, eviction	weeks
Case involving a vulnerable family	social services get involved	months

When eviction is suspended

Spanish law protects not only the owner. If minors or a socially vulnerable family live in the occupied home, the court may suspend the eviction until social services offer alternative housing.

This is not a loophole for everyone. The status is proved with documents on income, family composition and the absence of other property. But where it is proved, the case drags on for months, and the fast-track procedure does not change that.

What the owner of a house or flat should do in the first 24 hours

What to do if strangers have appeared in your flat in Spain.

1. Do not go inside and do not open the door yourself.
2. Call the police and make sure the report is recorded in writing — you need the report number.
3. Gather evidence: photos of the door and lock, statements from neighbours, the date of your last visit.
4. Prepare proof of ownership: the nota simple (land registry extract), the escritura (title deed), receipts.
5. Contact a lawyer the same day.
6. If the police refused to act on the spot, start preparing the claim immediately.

The faster the documents are gathered, the shorter the case. A Spanish court looks at evidence, not at the owner’s emotions.

What not to do

Trying to throw okupas out yourself usually backfires on the owner.

• changing the lock while people and their belongings are inside
• cutting off water and electricity: this is a separate offence and counts against you in court
• hiring firms that promise to remove occupiers by force: you will be held responsible
• removing other people’s belongings from the flat
• paying a ransom: it funds the next occupation and guarantees nothing

Important! A Spanish court assesses the conduct of both parties. An owner who acted outside the law loses some of their advantages in the case.

How to protect your home in Spain in advance

Prevention is cheaper than court. A checklist for those who own a house or flat in Spain and are not there all the time.

• install a reinforced door and a high-security lock
• connect an alarm monitored by a security centre, with door-opening sensors
• arrange with neighbours to let you know about strangers
• remove signs that the home is empty: have the post collected, put lights on a timer
• arrange for someone to visit the flat regularly
• take out a policy that covers the risk of unlawful occupation and legal costs
• keep your proof of ownership to hand

What to check before buying property in Spain

Occupied property is sometimes sold at a discount, and the buyer learns about the occupants after the sale. That is why buying a house in Spain starts not with the price but with checking the property. What to look at before signing:

• first of all you need a land registry extract, the nota simple: it must show no encumbrances or court annotations
• view the house in person or through a trusted representative, not from photos
• check who is registered at the address and whether there are any rental contracts
• request certificates showing there are no debts for utilities or owners’ association fees
• if a bank is selling the property, check whether it is physically vacant

A below-market price always has an explanation: either the seller is in a hurry or there are people in the flat.

Where in Spain occupations happen most often

The problem is unevenly spread across the country. Most cases are recorded in Catalonia, with a noticeable share in Andalusia, Valencia and Madrid. On the coast, homes belonging to foreign owners who come for a few weeks a year are affected more often.

Buying property on the Spanish coast is not dangerous. Leaving a house unattended is.

How much an occupation costs the owner

The owner’s losses are made up of lawyer’s fees, court costs, lost rent over the months of the process, repairs after the eviction and replacing the locks. Add the drop in value: a flat with okupas cannot be sold at market price. Utility bills keep being charged to the owner all this time.

Frequently asked questions about okupas

Who are okupas, in simple terms?

They are people who have moved into someone else’s house or flat without permission and do not want to leave. This is the most common way the question is asked.

Is it true that in Spain you can occupy someone else’s home and nothing will happen?

No. Unlawful occupation of property is a crime under the Criminal Code. It is another matter that the eviction procedure takes time.

How long does it take to evict okupas in Spain?

If the police arrive while the offence is still in progress — the same day. Through the courts under the fast-track procedure, the proceedings take about fifteen days, plus time to file the claim and enforce the decision. With a vulnerable family — months.

Can I cut off the electricity and water?

No. Cutting off utilities in a home where people live is punishable in itself and will damage your position in court.

What should I do if the okupas produce a rental contract?

Occupiers sometimes forge a contract or rent out someone else’s flat to third parties. You need to prove that you did not sign it and report the forgery.

Are there okupas in other countries?

The phenomenon occurs in Italy, France and a number of other European countries. In Spain the problem has acquired its own name and become a prominent public issue.

Will insurance protect me?

A policy will not prevent an occupation, but it covers legal costs and part of the losses.

Who can help and how

We do not handle okupa cases — we do not offer this service, and it would be dishonest to suggest otherwise. Below is what actually works, without advertising.

The first call is to the police, on the day you discover the occupation. The second is to a Spanish property lawyer, not a general practitioner: this is a narrow category of case, and experience matters more than the fee. Look for a specialist in the province where the property is located: the case will be heard by the court where the property is.

Firms that promise to remove occupiers within a few days by their own means are a separate risk. Their methods are outside the law, and the owner will bear the consequences.

What you should definitely not do: waste time, negotiate a payoff directly, or take any action in the property without a lawyer.

What this article is based on

Sources: the Spanish Criminal Code (arts. 202 and 245), Ley Orgánica 1/2025 on the efficiency of the justice system, and the procedural rules on evicting okupas.

This article is for information only and is not a substitute for legal advice. Every case of property occupation is different: the timeframe and scenario depend on whether the home was lived in, whether there is a rental contract and whether minors live in the flat.