What Does "Ocupa" Mean?

It is a term you hear often in conversations about Spanish property. In everyday language, "ocupa" means illegal squatter. The word comes from the Spanish verb ocupar (to occupy) and refers to individuals or groups who live in vacant properties without the owner's permission.

The phenomenon was first observed in the 1980s, when self-organised groups and communities began seeking locations for meetings, events, and campaigns. It was typically initiated by feminist and environmental movements, later joined by political activists.

Over time, a broader interpretation emerged: the ocupa phenomenon became a form of political protest, drawing attention to social issues such as the housing crisis.

Why Does Squatting Exist?

• High rents and the housing crisis. Many young people who want to start a family simply cannot afford market-rate rents due to soaring prices.
• Utilisation of vacant properties. The movement argues that it is better to put empty buildings to actual use rather than leaving them unoccupied.

The Statistics

According to 2024 data, there were 16,426 recorded cases — meaning an average of 45 illegal property occupations per day across Spain.

There are significant regional differences. In addition to the major cities of Madrid and Barcelona, the provinces of Murcia and Alicante are among the most affected. For example, in the Murcia region, 5.5% of properties listed for sale are illegally occupied. The national average is 2.6%.

Due to the legal difficulties involved, many owners opt to sell rather than fight. The most commonly affected properties are those used for tourism or as second homes.

These desperate owners sell at steep discounts because, during the lengthy legal proceedings, unpaid utility bills keep piling up and the condition of the property typically deteriorates.

The Legal Framework: Squatting as a Crime in the Spanish Legal System

1. Occupation of a Property Where Someone Currently Lives

• Classification: Serious criminal offence
• Response: Immediate police intervention is possible — there is no debate. The police act immediately and remove the illegal occupants if it can be proven that the property is an inhabited residence.
• Penalty: 6 months to 2 years imprisonment and a fine

2. Occupation of a Vacant Property (e.g. Left Unattended During Winter)

• Classification: Still a criminal offence, but a less severe category
• Response: Eviction is only possible following court proceedings
• Penalty: Typically a fine

The Critical 48-Hour Rule

The 48-hour rule is the critical weak point in the legislation. This is precisely what squatters exploit: once that window has passed, the police can no longer intervene, and the only legal route to eviction is through the courts.

A Real-World Example: The Pizza Delivery Trick

Consider this scenario: a person orders a pizza to be delivered to the address they have targeted. The delivery driver arrives and the person collects the pizza on the street. The receipt includes their name, the date, the time, and — crucially — the delivery address.

The person then waits 48 hours before illegally moving into the property — often with family and small children. They use the pizza receipt to claim they have already been living there for two days. The police are left powerless, unless the owner can prove exactly when the property was occupied.

If the owner cannot prove the timeline, they must initiate civil court proceedings for eviction — a process that can take up to a year.

Fast-Track Eviction Procedures

Since 2018, private property owners can request a fast-track eviction procedure. In theory, this can lead to eviction within one week. In practice, however, it is rarely that quick — because the illegal occupants are often backed by well-organised legal networks. They frequently raise legal objections based on the presence of children, social circumstances, or vulnerable status.

The 2023 Housing Law: Stronger Protection for Vulnerable Individuals

In 2023, a new housing law introduced stronger protections for individuals in vulnerable situations — families, minors, those in need, pensioners, people with disabilities, and others. In such cases, while the court may rule that a criminal offence has been committed, the eviction itself can be postponed on social grounds until the local municipality finds an alternative housing solution. This further slows down the process.

Under this law, property owners can face penalties if they:

• Change the locks
• Cut off electricity or water (meaning the owner continues paying for the squatters' utility usage)
• Use threats or violence
• Take the law into their own hands

In summary: illegal squatting is not legal — squatters have no right to be there — but they gain time because the process is slow, social protections are strong, many properties have outstanding mortgages, and the issue remains politically divisive in terms of public acceptance.

The 2025 Reform: A Step in the Right Direction

In 2025, a new law was introduced: "Ley Organica 1/2025, de 2 de enero, de medidas en materia de eficiencia del Servicio Publico de Justicia (BOE)".

This law does not specifically address illegal squatting — rather, it aims to improve the efficiency of the Spanish justice system as a whole. However, it impacts this area in several ways:

• It further reduces the duration of legal proceedings
• It broadens the scope of fast-track procedures
• Criminal proceedings can now be initiated (not just civil cases)
• Courts can order property clearance and police enforcement sooner, where ownership is clear and illegal occupation is probable
• It pushes procedures towards digitalisation (online case management, faster case allocation in courts), which can also speed things up

However, this law does not eliminate the fundamental problem — evicting illegal squatters remains far from straightforward.

Case Study: What Happens If You Are a Foreign Property Owner?

Imagine you live in another country, but you own a beautiful holiday home overlooking the sea on the Costa Blanca. A well-off Spanish family from Madrid rents it for a week during the summer and pays the rental fee as agreed.

After the week is up, they email asking to stay one more week because they love the area and the house. You agree, since you have no bookings for the following week.

But the payment never arrives. You try calling — no answer. Three weeks pass, and things start to feel suspicious. You ask a friend who lives nearby to check on the property and send photos. Slowly, you realise you are dealing with squatters.

You call the police. They visit the property, take a report — but since the occupation is already three weeks old, there is nothing more they can do at that point.

What Happens Next Under the 2025 Law?

Since 2025, authorities can initiate criminal proceedings. The court can apply a fast-track procedure and can temporarily order the property to be cleared with police enforcement. In theory, you could get your property back within 1–2 weeks.

However, if there are children, or if the family is considered vulnerable and has nowhere to go, the court may postpone enforcement for 2–6 months, depending on the city and the court.

The penalty is typically a fine, along with orders to pay compensation and outstanding utility bills — which may or may not actually be collected.

• You may not be able to travel there for weeks
• There is no neighbour to alert you
• Squatters settle in, start receiving mail at the address, and may even set up utility contracts with service providers — making police intervention more difficult
• You will need a Spanish lawyer and a power of attorney if you cannot be present
• Time, money, and official translations all add to the burden

Prevention: What Every Foreign Property Owner Should Do

The answer can be summed up in one word: prevention. But how?

• Regular on-site inspections — for example, through a property management service
• Good relations with neighbours — mutual support and keeping an eye out for each other
• A lawyer selected in advance — ready to act if needed
• Never let the property appear "empty" — signs of occupation deter squatters
• Alarm system with cameras and recording
• Security door

Legal References and Sources

• Spain's new anti-occupation law — Overview of the 2025 rules and fast-track procedures (allanamiento de morada, usurpation)
• Differences between usurpation and home invasion — Mercury Abogados
• Organic Law 1/2025 overview in English — Consolat de Mar
• Ley Organica 1/2025 (BOE) — Official publication in the Boletin Oficial del Estado

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