Immediate Legal Action Is The Best Way To Regain Your Holiday Home From Squatters In Spain

• Published date: 13 July 2023
• Subject Matter: Real Estate and Construction, Real Estate
• Law Firm: Giambrone & Partners
• Author: Daniel Sanz Martínez

The continuing issue of squatters inhabiting the holiday homes of British nationals can be difficult but not impossible to resolve. All absentee home owners are vulnerable to the opportunist squatters in Spain. The rising homelessness and the popularisation of the "squatting" movement in Spain provokes families to take this step. Unlike the law in England & Wales, Spanish law is slanted towards the homeless and squatting in empty properties is not regarded in the same way. Article 47 of the Spanish constitution which states that all Spaniards have the right to enjoy decent and adequate housing and the recent Law 12/2023 of 24 May on the right to housing are the legal gateway through which the squatters can gain a period of time residing in a house that does not belong to them.

Giambrone & Partners' real estate lawyers explain that under Spanish law squatters can only be instantly evicted from the property by the police with no requirement to apply to the courts, through a small window of time, 48 hours, from when the owner discovers the invasion of their home because the squatter is caught "in flagrante". Unless the legal owners of a property coincidentally arrive at their Spanish holiday home within this narrow time scale, alternative legal action will have to be taken.

Daniel Sanz, an associate in the Barcelona office, urges "immediately you are made aware of squatters in your Spanish home you must inform the police immediately, this will define the point in time from which the occupation began. If you are present in Spain and can demonstrate legal ownership the police will be able to evict the squatters without recourse to the courts." Daniel further commented "if the window for immediate eviction has passed it is imperative to take legal action immediately by bringing an "interdicto posesorio", which is regulated in articles 250.1.4o and 441.1 bis Civil Procedure Rules.the sooner a legal action is commenced it reduces all risks."

If the opportunity for immediate eviction has been lost the best...