Squatters lawyer in Alicante: unlawful occupation and trespass

Unlawful occupation or trespass to a dwelling

“Squatting” (okupación) is not a legal term. Depending on the type of property, the Criminal Code (Código Penal) punishes it as one of these offences:

• Trespass to a dwelling (allanamiento de morada, article 202): entering or remaining in someone else’s dwelling against the occupier’s wishes. A dwelling is the place where a person lives and conducts their private life, even if they are not there at the time. This is the case of someone who returns from a trip to find their home occupied. We also explain this on our page on trespass to a dwelling.
• Unlawful occupation (usurpación, article 245.2): occupying without authorisation someone else’s property, home or building that is not a dwelling, or remaining in it against the owner’s wishes. This is the usual situation with empty homes, bank-owned flats or unsold developments.
• Violent unlawful occupation (article 245.1): occupying a property using violence or intimidation against people.

The distinction is decisive for both the owner and the accused, because it changes the penalty and the urgency of the response. On the Costa Blanca, with many second homes and properties that stay closed for months, there is often debate over whether an empty home was someone’s dwelling or not. The answer depends on the facts: actual use, furniture, utilities, periodic stays.

If the occupant moved in under a tenancy agreement and then stopped paying, it is not unlawful occupation: the problem is resolved through an eviction in the civil courts.

Penalties

If doors or locks are broken on entry, or damage is caused, a charge of criminal damage may be added. Illegally connecting to the electricity or water supply is another offence, punished with a fine of three to twelve months (article 255).

If you are the owner

1. Report it as soon as possible at the police station or the duty court (juzgado de guardia). If the occupation has only just happened and the perpetrators are caught, the offence is flagrant and the police can act immediately.
2. Provide the title deed or land registry extract (nota simple), utility bills, property tax (IBI) receipts and any evidence that the home is your dwelling or second home (photographs, invoices, witnesses to your stays).
3. Do not force your way in or cut off utilities yourself: you could commit an offence of coercion and complicate the proceedings.
4. We join the proceedings as private prosecutor (acusación particular) and ask the court for interim measures to protect your rights as the injured party, including eviction, without waiting for the judgment.
5. We claim for the damage caused to the property and the utilities consumed.

Alongside the criminal route, there are civil procedures for recovering possession. We study your case to decide which is quicker and more reliable.

Speedy trial after Organic Law 1/2025

Organic Law 1/2025 on measures for the efficiency of the Public Justice Service (Ley Orgánica 1/2025, de medidas en materia de eficiencia del Servicio Público de Justicia) added trespass to a dwelling (article 202) and unlawful occupation (article 245) to the list of offences dealt with through a speedy trial (juicio rápido), with effect from 3 April 2025 (article 795.1.2.ª of the Criminal Procedure Act, Ley de Enjuiciamiento Criminal). This requires a police report and for the person to have been arrested or summoned to the duty court.

In practice, this shortens time frames considerably: the investigation is carried out by the duty investigating section (Sección de Instrucción) of the Court of First Instance (Tribunal de Instancia), formerly the investigating court, and the trial can be held within a few days. If the accused admits the facts at the duty court, the sentence is reduced by one third (article 801). That is why it is important for the owner to have the documentation ready from the very first moment.

If you are accused of squatting

Being accused of unlawful occupation or trespass does not mean you are guilty. We go through the following with you:

• Whether you had any right or permission to be there: a contract, even a verbal one, an agreement with a relative, payment of rent. If so, the dispute is usually a civil matter.
• Whether the home was someone’s dwelling or had been abandoned. This separates trespass, which carries a prison sentence, from unlawful occupation, punished with a fine.
• Whether you knew the owner objected and whether you were asked to leave.
• Your personal and family situation. Necessity is a ground for exemption from liability under article 20.5 of the Criminal Code, although the courts apply strict requirements.

If you are arrested, ask for a lawyer and do not make a statement without one. We assist you immediately: read more on our page on 24-hour lawyer for people under arrest. Leaving the property voluntarily and repairing the damage before trial can reduce the sentence (article 21.5).

Fines, criminal record and other consequences

Unlawful occupation is punished with a fine, but if it is not paid it is converted into one day’s deprivation of liberty for every two unpaid daily amounts, which can be served through community service if the convicted person agrees (article 53). Any conviction gives rise to a criminal record. In trespass cases, if the prison sentence does not exceed two years and it is your first offence, the judge may suspend it, normally on condition that compensation is paid (article 80).

Every case is different; once we have studied yours, we will give you a personalised written quote.