Squatting in Spain: Property Owner Rights and Criminal Defence (2026)
In this article
Key Takeaways
- Fast-track eviction in 15-45 days
- Necessity = a defence
- Breaking and entering vs. usurpation
- Law 5/2018: a 5-day window
Squatting in Spain is prosecuted under two different provisions depending on the property: occupying a property that is not anyone's habitual home is usurpation (Art. 245.2 CP), punished only with a fine of 3 to 6 months, while entering or remaining in someone's actual home is trespass (Art. 202 CP), punished with 6 months to 2 years in prison. Owners cannot lawfully evict squatters themselves — cutting off utilities or changing locks can expose the owner to charges of coercion or real-estate harassment — and must instead pursue a criminal complaint requesting interim eviction measures, or use the fast-track eviction procedure under Law 5/2018. A person accused of squatting may raise necessity as a defence where they had no real housing alternative, though usurpation as a minor offence becomes time-barred after just 1 year.
Need help with your case? Talk to a criminal defense lawyer at Alonso Sala.
Squatting has become one of the most pressing legal topics in Spain. Thousands of owners see their homes occupied unlawfully, while thousands of people are criminally accused of occupying properties in situations of vulnerability. As criminal lawyers specialising in squatting, we advise both sides. Foreign owners and occupiers can reach our English-speaking criminal defence lawyers in Spain for tailored advice.
1. Types of Squatting and Penalties
Usurpation of property (Art. 245.2 CP): occupying a property that is NOT anyone's habitual home (an empty flat, an uninhabited second home). Penalty: a fine of 3 to 6 months (no prison in this type). It is the most frequent form.
Breaking and entering a dwelling (Art. 202 CP): entering a home that IS someone's habitual residence. Penalty: prison of 6 months to 2 years. It also applies when the owner leaves and on return finds the home squatted.
2. I Am the Owner: What Can I Do?
Immediate action (under 48 hours): call 112 immediately. If the occupation has just occurred (in flagrante), the police can evict without a court order. The police criterion varies: if the squatter has already changed the lock, they often refuse to enter without a court order.
Fast-track eviction (criminal route): file a criminal complaint for usurpation (Art. 245.2 CP) or breaking and entering (Art. 202 CP), and request interim eviction measures from the investigating court. Since Law 5/2018, the judge must inform the local council so it can offer the squatter housing alternatives. Realistic timeframe: 15 to 45 days in the best cases.
⚠️ Never do this
Do not try to evict the squatters yourself (changing the lock, cutting off the power, threatening them). You could be accused of coercion (Art. 172 CP) or real-estate harassment, with more serious penalties than squatting itself.
3. I Am Accused of Squatting: How Do I Defend Myself?
Necessity (Art. 20.5 CP): if the person occupied the property due to an absolute lack of housing alternatives (no income, dependent minors, homelessness), necessity may be argued as a complete defence excluding criminal liability.
An authorising title: if the accused entered with the owner's verbal permission or under a lease (even an expired one), it is not squatting but a civil matter.
Limitation: usurpation under Art. 245.2 CP is a minor offence. It becomes time-barred in 1 year.
Frequently Asked Questions
Can squatters connect the electricity and water? In practice, yes. Supply companies do not verify property ownership. This is lawful as long as they pay; if they connect illegally, they commit electricity fraud (Art. 255 CP).
Can a bank-owned property be squatted? The law does not distinguish between an individual owner and a legal entity. Squatting is an offence regardless of who the owner is.
When does a property dispute become a criminal case? Signs you need a lawyer
- You are the owner and squatters are living in your property, and you must act through the courts rather than by force.
- You are accused of trespassing or squatting (usurpation) and have received a summons.
- The police have taken a statement or drawn up a report over entering or staying in a property.
Speak to a criminal lawyer for squatting cases before taking any step. Call us at +34 91 078 65 74.
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Frequently asked questions
Can the police evict squatters without a court order?
Yes, when there is flagrancy: if the occupation is taking place or has just taken place and the occupiers are caught in the act, the police can act immediately, especially if the property is someone's home (breaking and entering under Art. 202 CP, which continues to be committed while they remain inside). Once that window has passed, if the occupiers appear to have a settled possession, eviction requires a court order, which can be obtained as an interim measure within the criminal proceedings.
How long does eviction take through the criminal route?
It depends on the case. Cases that fit the standard pattern — a police report, identified occupiers, a straightforward investigation — through breaking and entering (Art. 202 CP) or usurpation (Art. 245 CP) can be resolved within weeks, and interim eviction can even be ordered by the on-duty court itself. If the court considers the initial inquiries insufficient, the case is converted into an ordinary preliminary investigation and the timeframes are extended.
Is it a crime if my tenant stops paying rent and won't move out?
No. So-called 'tenant squatting' is neither usurpation nor breaking and entering, because the tenant entered with a valid title — a lease agreement — even if they later breach it. The correct route is a civil eviction for non-payment of rent. A criminal complaint in these cases is usually dismissed and wastes valuable time; only in exceptional cases where deception can be proven from the outset might a different criminal classification be considered.
What happens if occupiers claim vulnerability or have dependent minors?
Vulnerability does not make the occupation lawful, but it has effects on two levels: as a criminal defence, it can support a necessity defence (Art. 20.5 CP) that excludes or reduces liability; and during enforcement, the court involves social services, which can affect the timing of the eviction. For the owner, this reinforces the importance of properly documenting the request for interim eviction from the initial complaint onward.
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