Is it legal in Spain to call in “the heavies” to get rid of squatters?
By Adam Woodward • Updated: 20 Jan 2026 • 21:44 • 4 minutes read
Okupa y Resiste so-called 'anarchist' squat in Barcelona. Credit: Wiki CC
One long term point of pain for property owners in Spain, especially Brits since Brexit, has been the threat of squatters in their second properties in Spain. With the 90 days in maximum law, many not wanting or able to take up permanent residency in Spain, must leave empty their cherished homes in the sun for half of the year, or, if not, rent them out while not in use. Both these situations leave the property owners vulnerable to the threat of squatters.
Ever since the Spanish government changed the law to favour the squatter over the property owner, thousands of homeowners across Spain daren’t leave their properties for fear of the legally untouchable squatters. By squatters, we are not discussing those in dire straits unable to meet their rental obligations, who should be protected by the government, but those who take advantage of the law and property owners, safe in the knowledge that there are little or no legal structures to impede them.
Right to a dignified home in Spain
Putting the right to a dignified roof over ones head in the constitution sounds all very noble and just, and exactly what we all want of a society. But with no follow-up measures to ensure affordable housing for all, the law has opened a can of worms which causes everyday, working and honest citizens absolute misery through a snail’s-pace legal system which can lead to financial ruin, emotional heartbreak, and even the bank foreclosing on the squatted property that the owner no longer has access to.
Individuals, armed with knowledge of the law, over recent years, have made the number of squatting cases surge, by taking advantage knowing that their squat will be free of charge with no risk of prison sentence at the end of it. As a result, those genuinely in financial straits receive little sympathy even if they are genuinely at threat from being left homeless and are not paying rent out of vital necessity.
Andalucia has recently overtaken Catalonia as the most squatted Spanish region, deterring house buyers and nudging existing second-home owners to sell up and move out. However, that may all be about to change after a landmark ruling in a Malaga court.
Can a home owner take things into their own hands if the law won’t?
The Provincial Court of Malaga has overturned a lower court conviction, absolving a couple who hired the controversial company Desokupa to remove three women illegally occupying their property in Mijas. The case highlights ongoing debates in Spain over illegal squatting and the role of private firms (essentially, “heavies”) in resolving property disputes outside standard judicial eviction procedures which have been proven to take years with no compensation.
Background of the squatting and hiring Desokupa
The property in Mijas had been illegally occupied by three young women, who previously resided there but stopped paying the rent and refused repeated requests to leave voluntarily. The owners contracted Desokupa — a well-known firm specialising in recovering illegally occupied properties — starting June 9, 2023, and continuing until July 2024.
The objective was to persuade the occupants to vacate the premises without formal court proceedings. Desokupa’s methods reportedly included visits to the women’s workplaces and persistent pressure, which the initial ruling deemed coercive and therefore illegal.
Initial conviction overturned
The Juzgado de Instrucción number 4 court in Fuengirola originally convicted the couple of minor coercion offences under Article 172.3 of the Spanish Penal Code. They received fines totalling €1,800. The lower court found the owners aware of and complicit in the pressure tactics, including threats and workplace pursuits.
Appeal success at the Provincial Court
However, on appeal, the Sección Novena court of the Audiencia Provincial de Malaga revoked the conviction. The judges ruled that hiring a squatter removal company is not inherently illegal or illegitimate. They stressed that no sufficient evidence proved the owners had full knowledge of or specifically authorised the specific coercive methods used. While Spanish law is not based on precedent like in the UK, it does make a compelling argument for future cases.
The court said that the occupants were repeatedly asked what they would accept to leave, potentially offering a better outcome than a formal precarious eviction. The ruling stressed that the owners should not be held criminally liable for the company’s actions without clear proof of awareness and consent. There is so far no word if any action will be taken against the company. The appellate decision absolved the couple entirely, declaring no bad faith and ordering costs to be borne by the court system.
Implications for property owners and Desokupa practices
This acquittal reinforces that property owners hiring professional recovery services are not de facto responsible for improper or illegal tactics employed, provided they do not explicitly endorse violent, coercive or other illegal actions. It is a delicate line that shows the challenges of balancing property rights against protections from harassment in Spain’s squatting crisis.
Desokupa, markets itself as a “legal” alternative to lengthy court evictions. The company’s website states, “Intervention: We carry out the intervention, always within the framework of legality and with the least possible impact. All our procedures are carried out in accordance with current legislation. We work with a team of lawyers specialised in property law and illegal occupation to ensure that all our actions comply with the law.”
Give us your thoughts:
Should companies like Desokupa be allowed to “persuade” squatters to leave? Should the Spanish government do more to protect those on the verge of homelessness? Is getting in the “heavies” a bad precedent? What do you think? Let us know in the comments. And share with us any experiences you have had with this situation.
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Adam Woodward
Adam is a writer who has lived in Spain for over 25 years. With a background in English teaching and a passion for music, food, and the arts, he brings a rich personal perspective to his work at Euro Weekly News. As a father of three with deep roots in Spanish life, Adam writes engaging stories that explore culture, lifestyle, and the everyday experiences that shape communities across Spain.
Comments
Mjef
21 January 2026 • 08:48Yes. When requested to leave at end of contract that is what should happen. It’s the owners property and a proper contract is (was) in force.
The stress and costs of legal action can be negated by use of alternative and legal methods. Quickly. From seeing both methods, only one is preferred.
Sharon from Canada, a yearly visitor to Spain
21 January 2026 • 11:40Yes for sure, it seems that property owner have no say over there own personal space leading to years of stress and unknown. I would hire them!
Stephen Murphy
21 January 2026 • 12:38Find it abhorrent that people think they can just squat in other peoples property by deciding not to pay their rent!They want physically throwing out,they are no better than scammers robbing peoples money!Spanish law on this subject is an ass‼️😡😡
Adam Woodward
21 January 2026 • 17:20I agree Stephen. The worst of all that it has made the problem worse for everyone. Property owners now don’t want to rent out property through fear of squatters, and this is further compounding the housing problem. It’s madness.
MOSES OLA OLU FAMUYIWA
21 January 2026 • 17:14Government has not help in this situation, it seems government is giving power to these criminals to take over people´s properties illegally. So if government is not giving help to send these okupe out of people´s house or home, yes Desokupa can be used to send them away. I have had experience, a tenant in my flat in Barcelona, change the entrance key of my flat when I travelled, so I cannot enter the flat when I returned, he even called the police, I show them the Mortgage agreement of the house, still police still protect this man, this goes for two years, before I send message to my family in my country and they support me, before the illegal occupant walk away and leave my flat for me. I cannot pay the mortgage again, I hand over the flat back to the bank. Therefore, Desokupa organisation should be allowed to help the real owner of the building to send this criminals out of the buildings illegally occupied.
Adam Woodward
21 January 2026 • 17:18Moses, your story sound harrowing. It has happened to so many in Spain. I just hope there is a change in the law soon.
Steve B
21 January 2026 • 17:56I might be willing to rent out my property on a one year basis, but there’s no chance of me doing so with this threat of occupation. You’re right Adam, utter madness.
Adam Woodward
21 January 2026 • 18:40Oh, I wouldn’t want to deter you. Personally, if I were in a situation like that, there are professional agencies that take care of the rent situation. I don’t know how good they are, but I’d definitely check them out first.
Graham
22 January 2026 • 17:50Rent to a school teacher as they only need accommodation for usually 10 months if they have been assigned to a school. Always a lot of movement of teachers in September.
Betty
22 January 2026 • 08:07From experience I can say that Desokupa are armed thugs. They shout, intimidate, cut off water, put glue in locks and cut electricity and threaten with 6 to 7 big, armed, uniformed guys. They slash tires, they threaten a 70 year old man and try to provoke a fight. They keep that up for days.
The owners know. In this instance the rent was paid up to date, but involved a dispute over a shared oil tank.
Pauline kershaw
22 January 2026 • 13:18Are some squatters know to break into an empty house knowing the owners are away
Wayne Paul Mattingly
22 January 2026 • 13:55I really don’t understand why an owner can’t imply report a squatter at ed of lease, display the contract to Police, and that the police should evict them.
I also think there should be aid to end of contract renters. Ie: housing.
I also appreciate the upcoming incentive, is it, to encourage long-term leasing in Spain.
(We presently face an end of contract after 2 1/2 years–landlord taking over property. In this housing market, where do we go? Rentals are gone in a flash).
Mike Truth
22 January 2026 • 14:24At least the law has changed on leaving the electricity and water on for the squatters.
Makes me ill thinking about scum taking over apartments near me in Alicante.
Very clever how they do it, at 1st they put in a petite woman with her daughter, once established after a few weeks they move in the Moroccan men who do nothing but break ins of houses, cars, etc till the locals have had enough, the police do nothing
Colin Elliott
22 January 2026 • 17:04I live in the house my parents built 50 years ago for 5 months of the year. I don’t rent it out when I am not there because that would be asking for trouble.
Each time I return I am terrified there will be squatters in the house, and what I might do, undoubtedly getting me arrested rather than the people who would rob me of my property and its contents.
Lars
22 January 2026 • 22:36The European Union should get involved and force Spain to abolish this law that protect squatters. This would make owners safe in that a rented property is vacated at end of contract. Olson this would stop squatters as the police would enforce eviction.
The Spanish socialist government should not let innocent homeowners pay for the ablatent inability to house their citizens.
Also with the same government giving Moroccan illegal immigrants permits to stay legally in Spain is absolutely horrendous.
Jacob
23 January 2026 • 08:18I believe the author’s understanding of both this court case and the law involving squatters in Spain is flawed. The law doesn’t just give blanket protections to squatters no matter what. The loophole most often used is that the squatters will produce a fake lease and present it to the police. At this point, the police have no way to determine who is lying, and recommend the owner take the tenants to court, which takes months and sometimes years. But without the fake lease there is no legal protection for the squatters.
Comments are closed.