A squatter, or as they call it in Spain, okupa, is a person who lives in a property without the owner's consent. Squatters in Spain have attracted widespread attention and debate in recent years. Every year, 15,000-17,000 apartments are occupied illegally, with a significant majority (43%) in Barcelona and its surroundings. Squatting is also common in Valencia and Andalusia. Property owners fear that tenants will stay without paying, so they ask for several months or even a year in advance.
This article aims to present the phenomenon of squatting in Spain, its background, frequency, and how to prevent it. We also provide advice on legal and practical ways to remove uninvited guests.
THE OKUPA MOVEMENT IN SPAIN
The occupation movement has a long history in Spain. The first cases appeared in the mid-20th century, when young activist groups occupied vacant buildings to protest housing problems and economic inequality. The Occupy movement grew rapidly and continues today. In the Spanish language, the letter "k" is rarely used, but in the word okupa, it symbolizes rebellion and deviation from tradition.
BACKGROUND AND REASONS
There can be many reasons behind squatting:
- Housing problems: Due to high rent prices and the lack of affordable housing in Spain, many people cannot live in normal conditions.
- Economic difficulties: Since the 2008 economic crisis, many have lost their jobs and struggle financially. Squatting in abandoned properties is seen as a solution.
- Protest and activism: Squatting also carries social and political messages, protesting real estate policies and speculation.
Development of the number of squatters by province
RESIDENTS IN SPAIN - IN THE MIRROR OF THE NUMBERS
If we look at the latest data for 2022, published by the ministry, we see a 23% increase in apartment bookings in Valencia and a 15% decrease in Madrid. In Andalusia, Seville, Cádiz, and Málaga, Casares and Manilva have the highest number of apartment bookings.
There are two models: one permissive of foreclosures, and one that protects private property and the victims, who are mostly families. The problem of squatting sends a terrible message to the market, with a clear victim: Spanish families.
LEGAL BACKGROUND
Taking possession against the will of the owner is punishable under Spanish law. There are two types of crimes:
- Burglary (Codigo Penal Article 202)
- Trespassing (Codigo Penal Article 245)
The difference is what the law protects: burglary concerns the victim's home, while trespassing protects property rights, typically involving empty or abandoned properties.
The main difference between an "occupier" and a "non-paying tenant" is that the former takes possession illegally, while the latter does so with the landlord's consent. Evicting a non-paying tenant is handled through civil jurisdiction, while squatters face criminal charges.
Carlos Hering – lawyer
YOU MUST REACT IMMEDIATELY
The first thing you should do is call the police. According to Law 5/2018, you must file a report within 48 hours. If the owner notices squatters after 48 hours, legal proceedings are required, and eviction can only be ordered through the courts.
Often, tenants pay for a few months and then stop. This creates distrust among property owners, who now require several months of rent upfront, making it difficult to find rental properties.
Read about the increase in rental fees in our previous article
HOW CAN YOU DEFEND AGAINST TENANTS?
1. Install alarms connected to a monitoring center.
2. Use reinforced doors or anti-burglary locks.
3. Install window grilles or bars.
4. Keep your garden well-maintained to avoid giving the impression of an abandoned property.
5. Regularly empty your mailbox to avoid signaling absence.
Some businesses offer services to negotiate with squatters and help remove them. An example is the anti-occupier group:
HOW TO GET RID OF TENANTS?
The legal method is eviction through litigation, but cases can last for years. Owners often offer squatters money to leave, averaging €10,000. Squatter mafias exploit this system to generate income.
In some cases, owners take matters into their own hands by changing locks and removing squatters' belongings. With the title deed, they wait for the squatter to return and call the police to file a burglary report.
