Illegal squatting—legally known as trespass on real property—is a growing concern in Spain, especially in large cities like Barcelona and Madrid. If you’re facing a squatting situation, it’s crucial to act quickly and within the law. In this article, we explain what the law says, how this differs from breaking and entering, and what steps you should take to reclaim your property.
What is the crime of trespassing?
Article 245 of the Penal Code governs the crime of unlawful occupation of real property. This crime is committed when a person occupies real property without the authorization of the rightful owner, and it is classified into two categories:
Violent Usurpation
- It occurs when someone gains entry to a property by using violence or intimidation against people.
- Penalty: 1 to 2 years in prison, plus any additional sentences for the acts of violence.
- Since the 2025 amendment to the Code of Criminal Procedure, such cases have been processed through expedited proceedings.
Peaceful Usurpation
- It occurs when the occupation takes place without violence, but without the owner’s permission.
- Penalty: a fine of 3 to 6 months.
- It is considered a misdemeanor, which makes a quick eviction difficult.
🔎 New in 2025: The joint directive issued by the State Attorney General’s Office and the Ministry of the Interior (Directive 3/2025) allows law enforcement agencies to directly evict squatters from properties that are not used as a primary residence and where the occupants can be clearly identified.
What types of properties can be squatted in?
Squatting is punishable by criminal penalties only if the property meets minimum standards of habitability or residential value.
It is not considered a crime if it involves:
- Ruins or abandoned buildings.
- Rural land that is not fenced and has no regular use.
- Properties with prior permission or the owner’s consent.
Difference Between Unlawful Entry and Breaking and Entering
It is essential to distinguish between these two crimes, since the penalties and legal treatment are very different:
| Concept | Usurpation | Breaking and Entering |
| Property | Second home, commercial property, vacant home | Primary residence (even if it is temporarily vacant) |
| Legal Protection | Property Rights | Right to Privacy |
| Penalty | A fine (misdemeanor) or imprisonment if violence is involved | Imprisonment for 6 months to 2 years (or up to 4 years if violence is involved) |
| Procedure | Misdemeanor or Summary Trial | Ordinary Criminal Proceedings |
Common Obstacles in Trespass Proceedings
Despite regulatory progress, property owners often face several problems:
Identification of the occupants
Without knowing the identity of the intruders, criminal proceedings cannot be initiated. The police must intervene and file a report.
Proof of Ownership
You must provide documentation proving your right to the property:
- Notarized Documents
- Certificate from the Land Registry
- Utility bills in your name
Social Services Intervention
If there are minors, vulnerable individuals, or people at risk of social exclusion, the eviction may be suspended or delayed.
Absence of Precautionary Measures
The judge may not order an immediate eviction if he or she does not consider it urgent or justified.
Never act on your own
Cutting off utilities, changing locks, or forcing someone to leave their home may constitute the crime of coercion (Art. 172 of the Penal Code).
What should you do if your home has been squatted in?
Here’s a quick guide to the legal steps you need to follow:
- Report the incident immediately to the National Police, the Civil Guard, or the Mossos d’Esquadra.
- Do not take any direct action. Do not change the lock or cut off utilities.
- Provide proof of ownership (deeds, property tax bills, receipts).
- Hire a specialized criminal defense attorney who will handle the complaint, request protective measures, and support you throughout the process.
- Consider filing a civil lawsuit or an eviction action if the criminal proceedings are not progressing or the property clearly has no residential value.
Can a squatted property be repossessed without a trial?
Yes, but under certain conditions. If the property is not a residence, Article 553 of the Code of Criminal Procedure allows for immediate administrative eviction provided that:
- Identify the occupants.
- Documentary evidence of ownership must be provided.
- There are no minors or vulnerable individuals.
The police may take direct action without a court order if these requirements are met.
Conclusion: How Can You Protect Your Property Against Squatters?
Dealing with an illegal occupation can be frustrating, but acting quickly and with legal knowledge makes all the difference.
✅ Report it as soon as possible
✅ Gather all the documentation
✅ Don’t give in to provocations or make decisions on your own
✅ Seek professional advice
🔹 At Martínez & Caballero Abogados, we offer comprehensive legal services to help you reclaim your home legally, safely, and without the risk of criminal charges.
📞 Contact us and stand up for your rights as a property owner.
Sara Gabernet
Attorney Specializing in Criminal Law
MC Abogados
