Okupas, what Spanish law actually allows

Terms used

• Morada — The morada is a space closed to outsiders where someone lives and has private life, even temporarily, including second and holiday homes.
• Allanamiento de morada — Allanamiento de morada is the crime of entering or staying in someone's home against their will.
• Usurpación — Usurpación is the crime of occupying a property that is not someone's home, without the owner's consent.
• Demanda — The demanda is the written court claim you file to start a civil case.

Key rules

• Home test: What matters is whether the property is actually used as a dwelling, even occasionally, not whether it is your main residence.
• Entering a home: Entering a home someone lives in carries prison of 6 months to 2 years.
• Not a home: Occupying a property that is not someone's home carries a fine of 3 to 6 months.
• Quick civil route: Occupants have 5 days to show a title, and if they have none the court orders possession returned.
• Self-help: Never remove squatters yourself; use a complaint or the court.

The short answer

Spanish law has three separate routes. Which one applies depends on one question: is the property someone's morada, a home where a person actually lives, even part of the time? Two are criminal and one is civil. The rules in this area have been reformed several times since 2018, so check what is in force today before you act.

Route 1: entering a home (allanamiento de morada)

This applies when someone who does not live there enters your morada against your will, or stays after you tell them to leave. The penalty is prison of 6 months to 2 years. If they used violence or intimidation, it rises to prison of 1 to 4 years plus a fine of 6 to 12 months.

Route 2: occupying a property that is not a home (usurpación)

If the property is not a morada, the offence is usurpación. It covers occupying a property, dwelling or building without authorisation, or staying in it against the owner's will. The penalty is a fine of 3 to 6 months. This is much lighter than entering a home someone lives in, which carries prison of 6 months to 2 years.

Usurpación does not need violence. It does need some permanence, and you must not have agreed to the occupation. In practice the case starts when the owner files a complaint.

If the occupants used violence or intimidation to take the property or push someone out, a more serious version applies. It carries prison of 1 to 2 years, plus a penalty for the violence used.

Why main home versus second home matters

The law does not ask whether it is your main residence. It asks whether the property is actually used as a dwelling, even occasionally.

• A furnished second or holiday home that you use from time to time, such as on weekends or holidays, generally counts as a morada.
• A property that is permanently empty, abandoned, unfurnished or never lived in is generally not a morada. Entry is then handled as usurpación.

Courts decide case by case, so keep proof of how you use the property, such as bills, furnishings and travel records.

Route 3: the quick civil route

You can ask a court to return possession without waiting for a criminal case. Owners can use it, and so can people with another right to possess, such as a usufructuary. Non-profit entities and public bodies that own social housing can use it too.

1. You file a written claim (the demanda) with proof of title.
2. The court orders the occupants to show their title within 5 days.
3. If they have none, the court orders possession returned, after the usual notice of the hearing.

Occupants can defend themselves by showing a title, such as a lease or contract, or by arguing that you have no title. The court may also hear about their vulnerability. They can appeal, but an appeal does not normally stop the eviction.

Vulnerable households and changing rules

Rules that protect vulnerable households can suspend or delay an eviction, including a squatter eviction. Under the earlier rules, a judge could suspend it when social services reported a vulnerable household with no alternative home. There were exclusions, for example where the property is the owner's main home or where a related crime is involved. Those protections were extended several times, and an extension was voted down in 2025. Ask the court or a lawyer whether any suspension applies to your case today.

Do not remove squatters yourself

Taking action yourself can expose you to legal trouble. Use the criminal complaint or the civil route instead. The decision tool, timeline, documents and checklist below help you pick and prepare a route.

Choosing between options

Which legal route fits your property?

• Allanamiento de morada (entering a home): The property is used as a dwelling, even occasionally, such as a furnished second or holiday home used on weekends or holidays.

• Quick civil route to recover possession: You are the owner or have a right to possess and can show proof of title. It works whether or not the property counts as a home.

Whether the property is a morada, a space where someone lives or exercises private life even temporarily, decides between the criminal routes. Your proof of title opens the civil route.

Whether a property counts as a home is decided by the court case by case, so confirm your case with a lawyer.

Timeline and deadlines

• File the demanda with your proof of title: as soon as you have your proof of title

• The court orders the occupants to show their title: within 5 days

• If they have none, the court orders possession returned, after the usual notice of the hearing: after the 5 days pass

• An appeal can be filed, but it does not normally stop the eviction: after the decision

Documents you need

• Proof of title: a document showing you own the property or have a right to possess it, which you attach to your claim.

• The demanda, the written court claim you file to start the quick civil route.

Checklist

• Check whether the property is actually used as a dwelling, even occasionally, for example furnished and used on holidays or weekends.

• Confirm that the occupants entered or stayed against your will and that you never agreed to it.

• Note whether violence or intimidation was used when they entered, because that changes the offence and the penalty.

• Ask a lawyer or the court which reforms since 2018 are in force today.

What to watch out for

• Wrong offence for an empty property: Entry into a property that is permanently empty, abandoned or never lived in is usually usurpación, not allanamiento. That carries a fine of 3 to 6 months, while entering a home someone lives in carries prison of 6 months to 2 years. Work out whether the property counts as a home before you file a complaint.

• Removing squatters yourself: Using violence or intimidation to take back a property or expel the occupants is itself a crime, with prison of 1 to 2 years plus a penalty for the violence used. Use the police or the courts instead of acting yourself.

• Eviction suspended for vulnerable households: A judge can suspend or delay an eviction if social services report a vulnerable household with no alternative home. Ask the court early whether this could apply to your case.

• Rules that keep changing: The eviction rules have been reformed several times since 2018 and some measures were extended or rejected. What you read online may be out of date. Confirm the current rules with a lawyer before you act.

Frequently asked questions

Does my holiday home count as a home under the law?

Yes, a furnished holiday home you use from time to time generally counts as a morada, so entering it is allanamiento. What matters is that it is really used as a dwelling, even occasionally. Courts decide case by case.

Does usurpación need violence by the squatters?

No, usurpación does not need violence, but it does need some permanence and no consent from you as owner.

Who can use the quick civil route to recover a property?

The owner, a usufructuary or anyone else with a right to possess can use the quick civil route.

What defences can occupants raise in the civil route?

Occupants can argue they have a title, such as a lease or contract, or that you have no title. The court can also hear about their vulnerability where needed.

Can a vulnerable household delay a squatter eviction?

Yes, a judge can suspend an eviction if social services report a vulnerable household with no alternative home. There are exclusions, such as when the property is the owner's main home or a related crime is involved. Which rules apply now needs checking.