Squatters in Spain: trespass or unlawful occupation? Differences and steps

When it comes to squatters (okupas), the difference between trespass to a dwelling and unlawful occupation changes almost everything: the penalty, how quickly the police act and the options for recovering the property. We explain both offences, how to act if you are the owner and what defence exists if you are accused. If you need specific help, a squatters and unlawful occupation lawyer in Alicante can assess your case from day one.

Trespass or unlawful occupation: the difference lies in the dwelling

Article 202 of the Criminal Code punishes any private individual who, without living there, enters someone else’s dwelling or remains there against the will of its occupant. A dwelling is the space where a person lives their private life, and what this offence protects is the privacy of the home.

This includes the main home and also, according to Supreme Court case law cited by the Attorney General’s Office (Fiscalía General del Estado) in its Instruction 1/2020, second homes, even when no one is living there at the time, provided that they retain their status as a dwelling. A holiday home with furniture, utilities and periodic use usually qualifies.

Article 245 protects something else: real estate as an asset. Section 2 punishes anyone who occupies someone else’s property, home or building without authorisation when it is not a dwelling, or remains there against the owner’s will. The typical case is empty flats, bank-owned homes or brand-new developments.

Peaceful unlawful occupation, punishable only by a fine of three to six months, is regarded as a minor offence (delito leve) (article 13.4 of the Criminal Code). If the occupation affects your main home or your second home, you may be interested in our trespass to a dwelling lawyer service.

What to do if you are the owner

1. Call the police immediately. If the squatters are caught entering or have just entered, the offence is being committed in flagrante and officers can act on the spot, as with any other offence. There is no legal “48-hour rule”, however often it is repeated.
2. Do not try to evict them yourself. Changing the lock while they are inside, cutting off utilities or using force can backfire on you: taking the law into your own hands using violence, intimidation or force on things to enforce your own right is an offence (art. 455 CP, a fine of six to twelve months), and you could also be reported for coercion.
3. Gather the evidence. Title deeds or a contract proving your right, utility bills, registration on the municipal register (empadronamiento) and photographs. If it is your second home, anything showing that you use it as a home is key for it to be classified as trespass to a dwelling.
4. Report it and ask for an interim eviction. Article 13 of the Criminal Procedure Act (Ley de Enjuiciamiento Criminal, LECrim) allows the judge to adopt, as initial measures, steps to protect those affected. The Attorney General’s Instruction 1/2020 tells prosecutors to request, when the requirements are met, the interim return of the property to its owner without waiting for the judgment.
5. Consider the civil route in parallel. We explain it below.

Speedy trials after Organic Act 1/2025

Organic Act 1/2025 on the efficiency of the Public Justice Service (Ley Orgánica 1/2025) added two subsections to article 795 of the Criminal Procedure Act, with effect from 3 April 2025: offences of trespass to a dwelling under article 202 and of unlawful occupation under article 245 are now among those dealt with under the speedy trial procedure.

For it to apply, as with any speedy trial, the proceedings must begin with a police report and the police must have arrested the suspect or summoned them before the duty court. In practice, this greatly speeds up the response when the police are involved from the outset. You will find the approximate time frames in how long a speedy trial takes, and we can support you through our speedy trial lawyer service.

Bear in mind that, as a minor offence, peaceful unlawful occupation is usually tried under the procedure for minor offences, which can also be quick. We explain this in how a trial for a minor offence works.

The civil route: article 250.1.4 of the LEC

In addition to criminal proceedings, the Civil Procedure Act (Ley de Enjuiciamiento Civil, LEC) provides for an oral procedure (juicio verbal) to recover possession of a home of which you have been deprived without your consent. It can be used by an individual who is the owner or lawful possessor, by non-profit organisations entitled to possess it and by public bodies that own social housing (article 250.1.4).

• The claim can be brought generically against the “unknown occupants” of the property (article 437.3 bis).
• If you ask for immediate handover, the court requires the occupants to produce, within five days, a title justifying their possession. If they do not, the court orders eviction by an order (auto) that cannot be appealed (article 441.1 bis).
• The law provides for specific steps when vulnerable people are involved, which the court must assess case by case.

If you are accused of trespass or unlawful occupation

We also defend people who have been reported. The most common lines of defence are:

• That it is not a dwelling: if the property had been empty and unused for some time, the charge should be unlawful occupation, which carries a much lower penalty.
• That there was a title or consent: a tenancy agreement, the owner’s permission or occupation by tolerance (precario). Someone who paid a fake landlord may have acted in good faith.
• That there was no violence or intimidation, which rules out the aggravated offences.
• In extreme cases, necessity (art. 20.5 CP) has been argued, subject to very strict requirements.

As in any case, you have the right not to make a statement and to have your presumption of innocence respected.

Squatting in Alicante

The province of Alicante has a large number of second homes, often belonging to owners who live outside Spain and spend months without visiting them. As a result, the occupation is frequently discovered late and from a distance. If the events take place in the Alicante judicial district, the complaint and the speedy trial are handled by the Investigating Section on duty; according to the Generalitat Valenciana directory, the Duty Court is at Avenida de Aguilera, 53. The civil claim falls to the Civil Section of the Court of First Instance (Sección Civil del Tribunal de Instancia) of the place where the property is located.

At our firm we coordinate the criminal and civil routes, gather the evidence that the property is your dwelling and request interim measures from the start. If you live abroad, we can act with your authorisation, and our team will assist you in your language.

Every case is different. If you would like a criminal defence lawyer in Alicante to look at yours, Celeste Pérez Bleda’s team can also assist you in your own language.

Frequently asked questions

Can the police remove squatters without a court order?

If they catch them entering or just afterwards, yes: the offence is being committed in flagrante and the police can act immediately, especially if it is a dwelling. When the occupation has been going on for some time, a court decision is usually required, which may be an interim measure in the criminal proceedings or an eviction order in the civil proceedings.

Is occupying my second home trespass to a dwelling?

It can be. Supreme Court case law, cited in the Attorney General’s Instruction 1/2020, regards second homes as dwellings even if no one is living there at the time, provided that they retain that status. It is advisable to prove that you use it: utilities, furniture, periodic visits. If so, the penalty is imprisonment, not just a fine.

What is the penalty for occupying an empty home?

If it is no one’s dwelling and there is no violence or intimidation, it is unlawful occupation under article 245.2 of the Criminal Code, punishable by a fine of three to six months and regarded as a minor offence. If the occupation is carried out with violence or intimidation, the penalty is one to two years in prison, in addition to the penalty for the violence.

Can I cut off the electricity and water to squatters?

It is not advisable to do so yourself. Taking the law into your own hands using violence, intimidation or force on things to recover what is yours can be the offence of arbitrarily enforcing one’s own rights (art. 455 CP) and may lead to a complaint for coercion. Before taking any action, consult your lawyer.

How long does it take to recover the property?

There is no fixed time frame. If the police intervene in flagrante, it can be a matter of hours. In criminal proceedings, the key is the interim measure of restitution; in civil proceedings, the court gives the occupants five days to produce a title and, if they do not, orders eviction. The actual time depends on the court’s workload and on whether vulnerable people are involved.

If your property has been occupied or you have been reported for occupation, tell us about your case as soon as possible: acting in the first few days makes a big difference to the outcome. You will find all the information on our specialist squatters lawyer page, and you can message us on WhatsApp at 607 449 491, 24 hours a day: we will reply straight away. Our team will assist you in English.