Spanish homes recorded 16,426 offences for usurpation and unlawful entry in 2024, up 7.14% on 2023 and the third-highest annual total since 2010.
The rise, lawyers and campaigners say, exposes both a growing social problem and gaps in housing policy, not least a chronic shortage of social housing.
Speaking to property portal Idealista, Santiago Thomas de Carranza, partner and managing lawyer at Thomas de Carranza Abogados, explained the legal picture.
From his experience, the phenomenon falls into three distinct types, each with different legal remedies and practical hurdles.
1) Allanamiento de morada (home-invasion) – the most serious case
This is when someone occupies your habitual home, i.e. the place where you live and carry out private family life.
Thomas de Carranza stresses this is treated as a separate, more serious offence because it touches fundamental rights.
As he puts it: ‘In a home-invasion… it’s where you carry out your family life, your intimate private life’.
He says if police attend and confirm it is your habitual dwelling, they can arrest the occupier and the fastest route to recovery is immediate police action and a strong police report (atestado).
That evidence is crucial for any rapid criminal or summary proceedings.
Anyone who owns a home in Spain is advised to have access to key documents that prove ownership at all times, such as the deeds, bills and proof of taxes paid.
2) Usurpacion (occupation of vacant property) – more common, but slower to fix
Usurpation covers empty homes, vacant buildings or commercial premises, i.e. properties that are not anyone’s habitual address.
It is an offence against property, not against ‘domicile or intimate privacy’, and therefore is usually treated less urgently.
Thomas de Carranza explains: ‘Usurpation… we are talking about empty dwellings… it is not affecting a person’s intimate life’.
He says that when there is no clear violence or intimidation, police and courts often treat these as civil matters or as minor criminal offences.
That means, unfortunately, your only legal options are longer procedures (civil eviction or ordinary criminal proceedings), often taking many months or in severe cases, years.
3) Inquiokupacion (tenant-turned-squatter)
This is a tenant who enters under a rental contract but but never intended to pay or stop paying.
Thomas de Carranza points out this can amount to fraud and, where bad faith can be proven, may give ground for legal action for fraud or an ordinary eviction for non-payment.
He notes: ‘We may be facing a fraud offence… you have to prove it because whoever alleges must provide the evidence’.
The landlord has a contractual route (eviction for non-payment) which is often faster than contesting a civil usurpation – but proving initial bad faith can open criminal options.
What actually works – and the legal limits
Thomas de Carranza stresses speed is everything. Where there is a clear home-invasion or evidence of violence (forced entry, broken locks, intimidation), police can and should act fast and a swift atestado should lead to rapid judicial action.
Where occupation is peaceful, however, the law is slow. Even the recent changes intended to accelerate removals are limited in scope.
‘The idea occupiers are removed in 15 days is not real… that only applies in cases of home-invasion,’ he warns.
He also warns against calling in people to forcibly remove the squatters.
‘What you can’t do is take the law into your own hands and go there, grab the guy, and throw him out,’ he said.
‘You can’t do that. In democratic societies, there’s the principle of social peace, and that means that conflicts have to be resolved before a judge if you’re unable to resolve them by mutual agreement. That’s the reality.
‘But there are specialised companies that are operating very effectively, and what they do is negotiate, they go there, talk to the squatter, reach an agreement, and recover the house.’
Other practical problems highlighted by the lawyer include when occupiers register themselves at the address on the padron (empadronarse), which makes it harder to prove they have no rights to stay.
Meanwhile, private utilities cannot simply be cut off without legal risk, meaning the landlord has to continuing paying their water and electricity.
Advice for owners affected by squatters
Act fast: report immediately and get a detailed police atestado if it is your habitual home.
Gather proof: bills, photos, personal effects, tenancy agreements or messages that show ownership or habitual residence.
Consider the route: criminal (home-invasion) where applicable; ordinary eviction for non-paying tenants; civil claims for vacant-property usurpation.
Negotiate when necessary: pragmatic settlements via specialist firms often recover possession faster, but can be costly.
