Squatting in Spain: Property Owner Rights and Criminal Defence (2026)

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.

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.

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.