Reclaiming your home through the police or the courts

Terms used

• Denuncia — A denuncia is a simple written report of a crime to the police or a court; it needs no lawyer.
• Querella — A querella is a formal criminal complaint that makes you an active party in the case; it needs a lawyer and procurador.
• Procurador — A procurador is the court representative who files documents for you and charges a regulated fee.
• Usufructuary — A usufructuary is someone with the legal right to use and live in a property that another person owns.

Key rules

• Police window: Police action works mainly for a recent entry into a home someone lives in; after that you go to the courts.
• Quick civil claim: Occupants have 5 days to show a title, and if they have none the court orders possession returned.
• Lawyers: A denuncia needs no lawyer, but a querella and a civil possession claim need both a lawyer and a procurador.
• Timing: The criminal and civil routes can each take many months and sometimes over a year.
• Self-help: Never change the locks or force people out yourself.

The three routes at a glance

You have three routes. They differ in speed, in what you must prove and in what they cost.

1. Immediate police action. Fastest, but only for a very recent entry into a home someone lives in.
2. Criminal complaint. A judge can order your home returned before the trial ends.
3. Quick civil claim. A court procedure to recover possession, open to owners and others with a right to the home.

The decision block below helps you choose. The first-48-hours steps and the checklist below cover what to do now.

Route 1: immediate police action

Police can remove occupants without a court order when the entry is recent and the property is a dwelling. This works because the occupation is treated as an offence still in progress.

• Timing: hours or days if police act.
• The 48 hours: 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. Each force and case is judged separately.
• Evidence: proof that the entry is recent, proof that you own the home or have the right to live in it, and proof that it is used as a dwelling.
• Cost: no lawyer is needed to report the entry. A simple report (denuncia) has no court fee.

Route 2: criminal complaint

You report the occupation as a crime. The investigating judge can order interim eviction, meaning the home is given back to you while the case continues.

• Conditions: the judge normally wants clear signs that an offence took place, proof of your title and a risk that waiting causes harm. The judge may hear the occupants first. Some judges ask social services for a report on whether the occupants are vulnerable.
• Timing: there is no fixed duration. Investigation, an interim eviction request and trial usually take many months and can take over a year. Delays are longer if the occupants cannot be identified. Judges use interim eviction, but at different speeds.
• Lawyer: a simple denuncia needs no lawyer or procurador. A formal complaint (querella) makes you an active party in the case, and it needs both a lawyer and a procurador.
• Cost: a denuncia has no court fee. For a querella, you pay your lawyer and procurador.

Route 3: quick civil claim

This is a short court procedure to recover possession. The owner, the usufructuary or anyone else with a right to possess can use it. So can non-profit entities and public bodies that own social housing.

• How it works: you file a claim (demanda) with proof of title. The court gives the occupants 5 days to show a title. If they have none, the court orders possession returned, after the usual notice of the hearing.
• Defences: occupants may argue they hold a lease or contract, or that you have no title. The court can also consider their vulnerability.
• Appeal: the decision can be appealed, but an appeal does not normally stop it being carried out.
• Timing: it is meant to be quick. In practice it can take several months to over a year, depending on the court's workload, whether the occupants are identified, service of notices and any suspension for vulnerability.
• Lawyer: a lawyer and a procurador are both mandatory. The pre-trial negotiation step required in many civil claims does not apply to possession claims against squatters.

What it costs

Costs depend on the route, how complicated the case is and the region. Lawyers usually charge a flat fee per procedure, often with a separate amount for an appeal or enforcement. The procurador charges a regulated fee, generally smaller than the lawyer's. Court fees are largely waived for individuals.

Costs rise with delays, enforcement and appeals. The losing party may be ordered to pay costs. Get written quotes from several lawyers.

If you live abroad

You can act through a lawyer and procurador with a power of attorney. The documents block below lists what the power of attorney needs. A criminal querella needs a power of attorney that is special or expressly covers it.

Do not take the law into your own hands

Do not change the locks, cut utilities or hire a private eviction firm. The warning below explains why.

Choosing between options

Which route should you use to get your home back?

• Police action: The entry is recent and the home is one someone lives in. Police can remove the occupants within hours or days without a court order.

• Criminal complaint: You can show prima facie evidence of the offence and your title, and there is a risk in waiting. The judge can order the home returned before the trial, but the full case can take many months or over a year.

• Quick civil claim: You own the home or have a right to possess it and the entry is no longer recent. It takes several months to over a year, and a lawyer and procurador are required.

Use police action if the entry is recent. If police decline, use a criminal complaint when you want a judge to be able to order the home returned early. Use the civil claim when you hold title and want a route based on proof of title alone.

Timings are not fixed and judges decide case by case, so check with a local lawyer or the court.

The first 48 hours after finding squatters

• Call 112 if the entry is happening now, or 091 (Policía Nacional) or 062 (Guardia Civil) for your area: As soon as you find the occupants

• Gather proof that the entry is recent: photos, alarm records, the last time you saw the home empty, and a neighbour's statement: Straight away, while the entry is fresh

• Gather proof that you own the home or have the right to live in it: deeds (escritura), a nota simple from the property registry, or your rental contract, plus your ID: Within the first hours

• Gather proof that the home is used as a dwelling, such as utility bills, furniture or registration at the address (empadronamiento): Within the first hours

• File a written complaint (denuncia) with the Policía Nacional or Guardia Civil, or at the duty court (juzgado de guardia), and say the occupants have no consent or title. You do not need a lawyer for this: Within the first 48 hours, the window in which police are most willing to remove recent intruders themselves

• Speak to a lawyer about the next move, because a formal criminal complaint (querella) or a civil possession claim needs a lawyer and a procurador (court representative): On the same day as the denuncia, or as soon as police say they will not act

• Go to the courts if police decline to act: If several days have passed, police usually send you to the courts

Documents you need

• Proof of title to the home, filed with the civil demanda. It shows you are the owner, usufructuary or otherwise entitled to possess it.

• Power of attorney for court proceedings (poder general para pleitos or a special poder), if a lawyer and procurador act for you. It is signed before a Spanish notary or at a Spanish consulate abroad. For a criminal querella it must be special or expressly cover it.

• Apostille or consular legalisation on the power of attorney, only if you signed it before a foreign notary. An apostille applies to Hague Convention countries.

• Sworn translation into Spanish of a power of attorney signed abroad, only if it is not already in Spanish.

Checklist

• Decide whether you need a simple report (denuncia) or a formal complaint (querella), because only the querella needs a lawyer and procurador.

• Hire a lawyer and a procurador before a civil possession claim, because both are mandatory for it.

• Ask several lawyers for written quotes covering the appeal and enforcement stages as well as the main procedure.

• Ask your lawyer or the court how long the criminal route will take locally, as it can run from many months to over a year.

• Ask your lawyer how long the civil route will take in your court, as it can take several months to over a year.

Don't change the locks or use force yourself

• Changing locks or forcing people out: Even as the real owner, changing the locks or pushing occupants out can lead to criminal charges for coercion, breaking into their home, threats, taking the law into your own hands, and injuries, damage or unlawful detention depending on what happens. Report it to the police or the duty court and use the courts to get possession back.

• Cutting electricity or water: Cutting power or water to push occupants out is unlawful. Courts have convicted owners for it, and you can also owe damages. Only end the supply contract in your own name through the supplier, and do not use it as a way to force people out.

• Hiring a private eviction firm (desokupa): These firms have no power to evict anyone. Only courts and the police can remove occupants. If they use threats or force, you can be held responsible too, and police have warned against using them. Use a lawyer for the court route, or a service that only negotiates or advises with no pressure.

Frequently asked questions

Do I need a lawyer to report squatters to the police or court?

No, a simple report (denuncia) to the police or a court needs no lawyer or procurador. A formal criminal complaint (querella), which makes you an active party in the case, does need both. A civil possession claim also needs both.

Can a judge give me my home back before the criminal trial ends?

Yes, in a criminal case the investigating judge can order the home returned to you straight away, if there is prima facie evidence of the offence, proof of your title and a risk in delay. Judges decide case by case and speed varies.

Who pays the legal costs if I win?

The losing party may be ordered to pay costs, so you may recover part of what you spend.

Can I start the process if I live abroad?

Yes, a lawyer and procurador can act for you through a power of attorney. It can be signed before a Spanish notary or at a Spanish consulate.