New anti-okupas law in Spain: everything you need to know.

The new anti-squatting law in Spain: key changes and their impact on evictions

The problem of squatting in Spain has been a recurring topic in the political and social debate, affecting thousands of homeowners. With more than 15,000 properties illegally occupied, according to data from the Crime Statistics Portal of the Ministry of the Interior, the phenomenon has generated uncertainty among those affected. Recently, the Congress of Deputies has approved an amendment proposed by the PNV that promises to transform the eviction process and toughen the measures against squatters. Below, we take an in-depth look at the implications of this reform and how it will be carried out.

What does the new anti-squatting law establish?

The approved reform introduces modifications to the Criminal Procedure Law to speed up judicial processes related to the usurpation of dwelling and trespassing , crimes typified in articles 245 and 202 of the Criminal Code, respectively. These crimes will be processed through speedy trials, a procedure that guarantees resolutions within a maximum period of 15 days from the presentation of the case to the judge.

In addition, this reform equates eviction processes with other serious crimes that are already managed through rapid prosecutions, such as theft, physical violence and crimes against traffic safety. This is a significant acceleration compared to current processes, which can take months.

Specific changes:

  1. Speedy trial for squatters: Cases of illegal occupation of homes will be resolved in less than 15 days.
  2. Immediate execution of evictions: Once the ruling in favour of the owner has been published, the squatters will be expelled without unnecessary delay.
  3. Minors involved: Cases where there are children involved will be managed with special attention by social services, although they will also be subject to more agile deadlines.

How the new eviction procedure will work

The eviction process under this reform will consist of several key stages. Below, we explain each phase in detail:

1. Initial request

The owner or his legal representative must issue a formal requirement to the squatter to leave the property. This document will include:

  • The identification of the property.
  • The deadline to comply with the eviction.
  • The possible legal consequences in the event of non-compliance.

2. Lawsuit

If the squatter does not respond to the initial requirement, the owner may file an eviction lawsuit before the corresponding court. In this phase, evidence is collected such as:

  • Property deeds.
  • Previous complaints.
  • Any evidence that proves illegal occupation.

3. Holding the trial

The judge will analyze the evidence and hear arguments from both sides at an oral hearing. If the landlord proves the illegality of the occupation, the judge will issue an eviction judgment.

4. Execution of the eviction

The judgment will be executed immediately, allowing the owner to recover his property in the shortest possible time.

How does this reform affect squatters with children?

The legislative text maintains special protection for minors involved in cases of squatting. In these cases, the social services will assess the socio-economic situation of the affected families before proceeding with the eviction. Although this could slightly lengthen the process, the new law establishes mechanisms to avoid significant delays.

Impact on the real estate market

The reform of the anti-squatting law promises to generate a significant impact both in the judicial sphere and in the real estate sector. The most prominent benefits include:

  • Greater legal certainty for owners, especially for those who own second homes.
  • Reduction of waiting times to recover illegally occupied properties.
  • Disincentive to squatting, by eliminating legal loopholes exploited by squatters.

On the other hand, some groups have expressed concerns about possible social consequences, especially in cases where squatting families face situations of economic vulnerability.

Conclusion

The new anti-squatting law represents an important step forward in the fight against illegal occupation in Spain. By streamlining judicial processes and ensuring a faster recovery of properties, this reform seeks to balance the rights of owners with the need to protect vulnerable groups. Its effective implementation will depend on coordination between the different actors of the judicial and social system, thus ensuring fair and efficient implementation.

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