What you need to know about Spain’s new squatters law

Many people dream of owning a property in Spain, but for some, that dream has been overshadowed by the stress of dealing with illegal occupants. In the past, evicting them could be a drawn-out and frustrating process, often taking a year or more. Thankfully, that’s about to change.

From 3rd April 2025, a reform to Organic Law 6/1985 will come into effect. This reform of the Criminal Procedure Law aims to make the eviction process much faster and more straightforward for property owners. This reform strengthens homeowners’ rights, meaning they can remove illegal occupants in just a few weeks rather than enduring months of legal delays.

At Gascon Bernabeu, our English-speaking lawyers are here to keep you updated on the latest laws and regulations in Spanish property law so you understand your rights as a property owner in Spain. So, here’s what you need to know.

What’s changing?

In the past, evictions could take a long time because the law didn’t clearly separate different types of illegal occupation, and this made the process much slower and more confusing for property owners. The new reform aims to rectify this.

It introduces two specific crimes to deal with the issue, and they are as follows:

• Home Invasion: This applies when someone unlawfully occupies a person’s primary home, which is their main place of residence.
• Property Usurpation: This focuses on the illegal occupation of second homes, such as holiday properties or vacation homes.

So in a nutshell, the key change in the new law is that if a property is occupied without a valid lease, permission, or any legal right, the property owner will be recognised as the victim. The people occupying the property unlawfully will now be treated as criminal offenders. Once the case reaches trial, the court is required to issue an eviction order within just 15 days, reducing the lengthy delays that property owners previously faced.

How does this benefit homeowners?

The biggest benefit of this reform is how much quicker evictions will now be. No more waiting for over a year – if you own property you can expect a resolution in just a few weeks. Once the court confirms that the occupation is illegal, the squatters must leave within 15 days. Once the crime is proven, offenders can face penalties ranging from fines for less serious cases to prison sentences for more serious offences.

This reform also makes it clear that illegal occupation is a criminal offence, whether it’s in someone’s primary residence or a holiday home. This strengthens legal protections and gives homeowners and investors much-needed peace of mind.

Another equally important change is that homeowners can now legally cut off utilities like water, electricity, and gas if the occupiers are using them. Previously, disconnecting services could have been seen as coercion, but under the new law, it’s recognised that these utilities should only be used by the rightful owners or legal tenants, not those occupying a property unlawfully.

How our English-speaking can help

To make the most of these new legal changes, there are a few things to keep in mind. First, make sure your property documents – like deeds, purchase records, and rental agreements – are all up to date. Having these in order will be really helpful if you need to take any legal action. Next, take some time to familiarise yourself with these new changes, so you can act quickly if anything comes up.

And finally, it’s always a good idea to get expert legal advice. Spanish property law can be tricky, especially if you’re buying or managing your property from abroad, so working with an English-speaking lawyer will ensure your rights are properly protected.

At Gascon Bernabeu, we specialise in helping international clients with all aspects of Spanish property law. Our experienced conveyancing solicitors are here to guide you every step of the way, making sure the process is as smooth and stress-free as possible. If you have any questions, you can reach out through the form on our website to book a no-obligation consultation. Or you could email us at info@gbabogados.co.uk, message us on WhatsApp, or give us a call on +44 (0)20 3137 1320. We’re here to help you.