Okupas law introduced: Fast track squatter eviction approved in Spain

‘Okupas’, or ‘squatters’ is a concept that has dominated the topic of many Spanish conversations of late, whereby now in Spain there are more illegal occupants than ever. A new law has been introduced that aims to streamline the eviction process for these individuals and bring peace to property owners.

Legal process LEC

The legal process overseen by the civil procedure law (LEC), and specifically articles 250.1.4, 437.3, 441.1 and 444.1 aim to combat illegal squatters in abandoned homes throughout the country. 

There are several key changes outlined by the new amendment:

• Faster evictions: The introduction of the new law change approved december 19 will shorten proposed timeframes for evictions in cases of either trespassing (allanamiento de morada) or squatting (usurpación de vivienda), in a reported ‘fast trial’ that could allow for complete resolutions in just over two weeks.
• Judiciary streamlining: The efficiency of the Public Justice Service can be bolstered by this change, as procedures relating to illegal occupations can be easily expedited. 
• Legality: The new law changes will be in effect and will be in line with all relevant regulations set out by the Spanish government.

The new system will solve issues pertaining to squatting and illegal occupancies of any home in record time.

Here is how the system will pan out for all those involved.

• Filing the lawsuit: The property owner will establish an office lawsuit by the court, state the location of the property, and compose a document citing the plaintiff as the legitimate owner of the property, directing his case ‘against the occupants’. It is permitted that a lawyer and solicitor have to be present at the hearing.
• Admission: Within around a month, the court will issue a decree of admission. If immediate possession is needed, a decree will ensure occupants provide proof of the right to occupy the property within just five days. If this is not obliged, the court will impose an official eviction order.
• Notifying occupants: Occupants can present documentation to justify their position within the property as rightful habitants with a lawyer, leading to a potential trial to determine the rightful owner of the property.
• Eviction: If occupants are not successful in their application, the court will issue a non-appealable eviction order whereby a specific date is set for eviction and court officials will oversee the occupants as they evict the property.

Experts such as José Ramón Zurdo CEO of rental negotiating agency ANA insist that this law change will give a greater understanding and definition of the ‘flagrante delicto’ or being ‘caught in the act’, which will allow for a more efficient police intervention within the first 48 hours of an illegal occupancy taking hold.

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