What is the first thing you should do if squatters occupy your home in Spain?
The first 48 hours are crucial and these are the legal avenues you can take
Inés Romero
Madrid
Tuesday, 14 October 2025, 14:42
In recent years, the biggest concern for many homeowners in Spain has been the possibility of finding out that their property has been occupied by squatters. According to the Ministry of the Interior, in 2024 alone, a total of 16,426 cases of home trespass or illegal occupation cases were recorded.
However, many people don't know what to report and how to act when someone illegally enters their property. The housing law in Spain includes a few points that can help homeowners resolve the issue as soon as possible.
What should you do if your house has been squatted?
On the one hand, the first thing to know is that the term 'squatting' is not included as such in the Penal Code. Therefore, in order to take legal action, it is necessary to talk about illegal occupation (usurpación) or trespassing (allanamiento).
Illegal occupation
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Illegal occupation happens when an uninhabited dwelling is occupied without the consent of its owners: an unauthorised third party makes the property their residence.
Trespassing
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Trespassing refers to entering or remaining in a dwelling without the permission of the owner: when a person attempts to convert the property into their own dwelling without permission, even if the owner inhabits it.
On 3 April 2025, the so-called 'anti-squatting' law came into force, seeking to streamline judicial procedures related to the crimes of illegal occupation and trespassing. Until now, illegal squatting cases have often faced long delays, leaving homeowners defenceless for months or years.
The new regulation introduces significant changes. One of them concerns speedy trials, which require a maximum period of 15 days from the moment the squatter is brought before the court until a resolution is reached.
Criminal proceedings
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Criminal proceedings must be initiated by lodging a complaint to the police.
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If it can be demonstrated that the persons who have squatted the property have been there less than 48 hours, the police can evict them without a court order. The 48-hour time limit does not appear explicitly in any legislation, but it is generally the timeframe recommended in internal police protocols to treat the situation as a crime in progress and to avoid it being considered an unlawful entry into an occupied dwelling.
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If the first 48 hours have passed since the illegal squatting, the complaint will be processed in the corresponding court for the commission of a crime of illegal occupation, if the home is not a primary residence, or for a crime of trespassing and entering, if it is a primary residence. It is important to bring proof to the police that you own the property (utility bills, deeds, registration, etc.). These criminal proceedings can last between a year and a year and a half.
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The complaint does not necessarily need to be lodged by the owner of the property.
Civil procedures
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In this case, the owner of the property must be the one to initiate proceedings directly in court, against all persons who are unlawfully present in the home.
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It is possible to rely on the 'express eviction' tool, which is a special oral procedure that allows a person who has a right to a property to demand its eviction and return from squatters.
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It is possible to request the precautionary eviction before a court ruling is issued.
Advice from the National Police on how to deal with squatters
The National Police have created a document that explains what a homeowner should do if their property has been squatted.
The first thing to do is call 091 and write down the personal details of those who have witnessed the act of squatting.
It is recommended "not to cut off electricity, water and gas", as "such conduct on the part of a landlord could constitute an offence".
