Illegal occupation of properties, known as okupación, continues to be a big problem in Spain. In 2023, there were 15,289 cases of illegal occupation, a slight drop from 16,726 in 2022. But despite the decrease, property owners—whether they live in the house or it’s a second home—are still facing long delays when trying to evict squatters. This has led to frustration, with some people resorting to extreme measures.

Why This New Law is So Important Right Now

In recent years, some homeowners have taken matters into their own hands. Groups of people have gathered to forcibly evict squatters from their properties. Additionally, companies have started offering services to remove squatters by force, charging for the job. These actions often raise serious legal and safety concerns, making the introduction of this new law a timely and necessary change.

How the Law Works Now for Evictions

Under the old law, if the property is a person’s main home, the police could act quickly to remove squatters without a court order, especially if there was violence or threats involved. However, for second homes, property owners had to wait for the courts to approve an eviction, which often took a long time. The police could only act without a court order if the occupation was reported within 48 hours and there was clear evidence of illegal occupation.

What’s Changing and Why?

On November 14, Spain introduced a new amendment to its Criminal Procedure Law (Ley de Enjuiciamiento Criminal, LECrim). This change was led by the Basque Nationalist Party (PNV) and aims to make the eviction process faster, especially in cases of allanamiento de morada (home invasion). The new law allows these cases to be processed in juicios rápidos (fast-track trials), speeding up both the court process and the eviction orders.

How Will the New Law Help?

The amendment changes how home invasion and illegal occupation cases are handled. These crimes will now go through juicios rápidos, meaning they will be processed much faster than before. Currently, the average time for an eviction is around 20.5 months, but the new law is expected to reduce that time significantly, providing much-needed relief for property owners.

The Debate Around the New Law

The law passed with support from several political groups, including the People’s Party (PP), Junts, and ERC. However, the Spanish Socialist Workers’ Party (PSOE), Sumar, Podemos, and the Galician Nationalist Bloc (BNG) opposed it, while Vox abstained. Interestingly, ERC and Bildu later admitted to making a mistake by supporting the amendment and apologized for their vote.

What’s Next for the Law?

The bill is now being reviewed in the Senate, where the PP holds a majority, so it’s expected to be approved. Once it becomes law, property owners should be able to deal with squatters much faster, which will be a relief for many people who’ve been struggling with illegal occupation.

This law comes at a crucial time, as it addresses both the growing problem of illegal occupation and the increasing tensions caused by people trying to take matters into their own hands. The new law aims to provide a safer, legal, and faster solution to the problem of squatters in Spain.

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