Spain’s new law promises swift eviction for squatters: a closer look

Spain's recent enactment of an anti-squatter law has stirred optimism among landlords and property owners, heralding a shift toward expedited legal procedures for evicting unauthorized occupants. As the legislation takes effect, its implications for both squatters and landlords are under scrutiny.

The anti-squatter law is designed to streamline the eviction process, enabling landlords to remove squatters—locally known as okupas—within a mere 15 days of filing a complaint. Historically, the eviction of squatters has been a labyrinthine affair, often dragging on for months or even years due to bureaucratic hurdles. The new regulations aim to classify squatting as a crime that can be adjudicated through fast-track trials, promising a more efficient resolution.

Judges now have the authority to order immediate evictions if squatters cannot substantiate a legitimate claim to the property. This legislative change marks a significant amendment to existing clauses concerning breaking and entering, thus broadening the scope of offenses eligible for expedited legal action.

Additionally, the law imposes stricter penalties on those who occupy homes through violence or intimidation, replacing previous financial penalties with potential prison sentences for such offenses.

However, the effectiveness of this new law remains a topic of debate. Legal experts express cautious optimism, noting that the absence of prior case studies leaves many questions unanswered. The interpretation of the law could vary significantly across different regions, potentially complicating the implementation of swift evictions.

One notable aspect of the law allows police intervention within the first 48 hours of a squatting incident, an improvement over the previous requirement for a court order to take action. This change is anticipated to facilitate quicker resolutions, provided that the situation is addressed promptly.

Nevertheless, the law does not extend its protections to a new category of squatters known as Inquiokupas, who are legal tenants that cease paying rent and refuse to vacate. The new regulations necessitate that a crime be committed in a 'flagrant' manner for eviction to occur, which poses challenges in cases involving former tenants.

Experts have voiced skepticism regarding the overarching effectiveness of the law. José Ramón Zurdo, the general director of the Agencia Negociadora del Alquiler (ANA), remarked that while the revisions to the criminal procedure act represent progress, they are largely theoretical at this stage. He advocates for administrative solutions over judicial ones, suggesting that all housing leases should be documented in writing and registered publicly to mitigate the prevalence of fraudulent contracts.

Carmen Giménez, a property expert and founder of G&G Abogados, criticized the legislative approach, describing it as a "case of poor legislative technique." She highlighted the potential complications this creates for legal professionals working across various judicial districts, where criteria and interpretations may differ.

As Spain embarks on this new legal chapter, the effectiveness of the anti-squatter law remains to be seen. Landlords and property owners are left to navigate an evolving landscape, hoping for a resolution to the long-standing challenges posed by squatting.