The issue of “ocupados” or squatters occupying homes illegally has become a significant problem in Spain, impacting thousands of homeowners nationwide. Despite laws meant to protect property rights, squatters have been able to take over vacant properties due to legal loopholes and lengthy court proceedings to evict them.

The Scale of the Problem

According to the real estate company Idealista, there were over 12,700 filed cases of occupied properties in Spain in 2022, a 24.5% increase from the previous year. Madrid and Barcelona are the most brutal hit, accounting for over half of all occupied homes nationwide. Entire neighbourhoods like El Raval in Barcelona have been seriously impacted. Squatting has become one of the primary headaches for landlords and a scourge that already affects around 100,000 properties throughout Spain, according to estimates by the Plataforma de Afectados por la Ocupación (Platform of People Affected by Squatting).

The Experience for Homeowners

For property owners, having their homes occupied is a nightmare scenario. Many describe feeling violated, powerless and financially devastated. Jose Martinez, whose family’s apartment in Valencia was taken over by squatters in 2021, said, “It’s like being robbed, but the criminals never leave. We worked to buy that home for decades, and they just walked in and took it over.”

Raquel Gómez, speaking to El Pais about squatters in her building in Madrid, stated, “They are making our lives impossible with loud parties, drug dealing and threats if we complain. We’re afraid to go into the hallways of our building.”

The Legal Situation

Spain’s laws establish strict penalties for squatting, with fines and potential prison time for usurpación or illegal home occupation. However, critics argue that the laws have loopholes that are easily exploited. Squatters often enter buildings clandestinely, change locks, and establish essential utilities to claim legal residence.

Evicting squatters through the courts is also a prolonged process in Spain, often taking over a year, even in clear-cut cases. This emboldens more squatters and fuels property owners’ concern that law enforcement cannot effectively protect their rights.

Calls for Reform

Both homeowner associations and legal experts have pushed for reforms to Spain’s squatting laws. Proposed changes include:

– Speeding up judicial eviction processes for clearly occupied properties

– Increasing fines and potential jail time for convicted squatters

– Requiring proof of residence like a rental contract to establish one’s right to a property

– Giving more powers to police to expedite the removal of squatters from illegally occupied homes

Some, like Miguel Ángel Redondo, writing for ABC, have gone further, calling the current laws “useless” and advocating for the ability of homeowners to remove squatters through extralegal means if law enforcement is ineffective.

The Future Outlook

Projections from real estate data firms show that squatting continued to rise over the next several years, especially as Spain’s rental prices and housing shortages persist in major cities. Without meaningful legal reforms, more homeowners across the country may find themselves in the difficult position of Jose Martinez, Raquel Gómez and others whose homes have been taken over by ocupados.

Organizations like ONAO and AVS aim to pressure lawmakers. However, the squatting crisis appears poised to worsen before any substantive changes are made to protect property owners in Spain.