Squatters and empty-home protection

It is for anyone considering, planning or carrying out a move to Spain. You will understand your legal position and the practical steps that reduce the risk.

Start with "Okupas, what Spanish law actually allows". It sets out the crimes and civil routes involved and why a main home and a second home are treated differently. The other pages build on it.

Eviction of a tenant who stops paying rent and home insurance products are not covered here.

Key rules

• Penalty for empty property: Occupying a property that is not someone's home carries a fine of 3 to 6 months, while entering a home someone lives in carries prison of 6 months to 2 years.
• Time to show title: In the quick civil route, occupants have 5 days to show a title, and if they have none the court orders possession returned.
• 48-hour guide: The 48 hours is a police rule of thumb, not a law: police may remove recent intruders from a home someone lives in, but after a few days they usually send you to the courts.
• Home test: What matters is whether the property is actually used as a dwelling, even occasionally, not whether it is your main residence.
• Police window: Police action works mainly for a recent entry into a home someone lives in; after that you go to the courts.
• Speed: Police can act directly against intruders in the first hours, so quick detection and a rapid complaint matter most.

Squatters and empty-home protection: the whole process, step by step

• Work out whether the property is a home someone lives in or an empty property (see: Okupas, what Spanish law actually allows): as soon as you find squatters

• Decide whether the person is a squatter, a tenant who stopped paying or a former guest (see: Squatter, tenant or guest, why the label decides your remedy): before you choose a route

• Call the police if the entry is recent (see: The first 48 hours after finding squatters): within the first 48 hours, the police rule of thumb, not a law

• Gather proof of ownership, such as the deed and a nota simple from the property registry (see: How to reduce the risk of squatters in your Spanish home): before you go to the police or the court

• File a criminal complaint, and ask the judge to return the property while the case runs (see: Reclaiming your home through the police or the courts): after the first few days, when police send you to the courts

• Or file the quick civil claim to recover possession; occupants have 5 days to show a title (see: Reclaiming your home through the police or the courts): after the first few days, instead of or alongside the complaint

• Keep up your yearly duties on a vacant home, including non-resident tax on Modelo 210 if you live abroad (see: Leaving a Spanish property empty and what you still have to do): every year, normally between 1 January and 31 December of the following year

Documents you may need

The home and the lease

• Nota simple from the Registro de la Propiedad — How to reduce the risk of squatters in your Spanish home, Leaving a Spanish property empty and what you still have to do
• The signed lease contract — Squatter, tenant or guest, why the label decides your remedy

Payments and receipts

• IBI receipt — How to reduce the risk of squatters in your Spanish home

Translations and legal papers

• Apostille or consular legalisation on the power of attorney — Reclaiming your home through the police or the courts
• Sworn translation into Spanish of a power of attorney signed abroad — Reclaiming your home through the police or the courts

Other documents

• Proof of title — Okupas, what Spanish law actually allows, Reclaiming your home through the police or the courts
• Proof of ownership or of your right to possess the home — Squatter, tenant or guest, why the label decides your remedy
• Catastro certificate — How to reduce the risk of squatters in your Spanish home, Leaving a Spanish property empty and what you still have to do
• Certificación registral from the Registro de la Propiedad — How to reduce the risk of squatters in your Spanish home

Each article lists the other documents it asks for, where you need them.

Squatters and empty-home protection: questions that cross several articles

Does an empty second home get the same protection as my main home?

Not always: a second home you use from time to time, such as on holidays or weekends, generally counts as a home, but one that is permanently empty or unfurnished usually does not. Courts decide case by case. Read Okupas, what Spanish law actually allows, then Reclaiming your home through the police or the courts for the route that fits.

Can the police remove squatters without a court order?

Sometimes, if the entry is very recent and the place is a home someone lives in. The 48 hours is a police guide, not a law, and police decide case by case. Read The first 48 hours after finding squatters, and Reclaiming your home through the police or the courts if it has been longer.

Which documents prove I own the property to police and courts?

A nota simple from the property registry, backed by your deed, is usually enough to start. The cadastral certificate and the IBI tax receipt help identify the property but do not prove ownership. See How to reduce the risk of squatters in your Spanish home and Reclaiming your home through the police or the courts.

Have the rules on squatter eviction changed recently?

Yes, several times since 2018, including a quicker civil route and temporary suspensions of evictions for vulnerable households. The status of some measures keeps changing. Read Okupas, what Spanish law actually allows and Reclaiming your home through the police or the courts, and check with a lawyer before acting.