New Squatting Law in Spain
On April 3, 2025, a major legal shift came into effect: the new squatting law in Spain, designed to protect homeowners and landlords from illegal occupation. For years, squatting (or okupación) has been a growing concern, especially in regions like the Costa del Sol, where many international residents and second-home owners were left vulnerable. This new law brings faster judicial action and stricter penalties for squatters, offering much-needed peace of mind.
In this article, we explain what the new squatting law means, how it works, and what homeowners across Spain—especially non-residents—should do to protect their property.
What Types of Occupation Does the Law Address?
The law distinguishes between two main types of illegal occupation:
1. Allanamiento de Morada (Home Invasion)
This refers to entering someone’s primary or secondary residence without permission. It’s considered a serious criminal offense and violates the fundamental right to home privacy.
New Process: Police can now act immediately within the first 48 hours of the squatting, without needing a court order.
2. Usurpación de Vivienda (Unlawful Occupation)
This refers to occupying a vacant property that isn’t the owner’s main or secondary home.
New Process: Owners can now file a complaint directly, triggering a rapid legal process. If the squatter cannot prove a legal right to stay, they will be evicted.
Why This Matters for International Homeowners in Spain
Spain’s Mediterranean coast, including hotspots like Marbella, Benalmádena, and Mijas, is a favorite destination for international homeowners. But being far from your property means you may not notice a squatter problem until it’s too late.
With the New Squatting Law in Spain, foreign property owners can now rely on faster evictions and stronger legal backing. However, prevention remains essential.
How to Protect Your Property from Squatters
The new law is a game-changer, but homeowners should still take proactive measures to prevent squatting:
Keyholding and Regular Inspections: Partner with a trusted property management company like LookHome MS to inspect your home regularly and keep it occupied.
Security Systems: Install alarms and surveillance systems.
Report Suspicious Activity: If neighbors or local contacts notice unusual activity, it should be reported quickly.
Act Fast: If a squatter is detected, immediate legal action can lead to a court order within days, thanks to the new law.
What Happens If a Squatter Is Found in Your Property?
Under the New Squatting Law in Spain, the process for evicting a squatter has changed significantly:
File a Complaint at the local police station or court.
The squatter is summoned to court as an accused party.
If they fail to provide proof of legal occupancy (such as a lease), the court will issue an eviction order within 15 days of the trial date.
In severe cases (involving violence or threats), criminal charges and even prison sentences may apply.
Who Can Benefit from the New Squatting Law?
This reform helps a wide range of property owners:
Second-home owners living abroad
Investors with unoccupied properties
Families with inherited property
Rental property owners between tenants
If you’re a non-resident homeowner, partnering with a local expert like LookHome MS can ensure your property stays protected under this new legal framework.
A Stronger Legal Shield for Homeowners
The New Squatting Law in Spain marks a major step forward for homeowners. With faster court proceedings, clearer definitions of illegal occupation, and harsher penalties, it restores faith in the legal system for property owners—especially those managing properties from abroad.
Still, prevention is key. Whether through regular inspections, professional property management, or on-site presence, the smartest way to avoid squatting is by keeping your property active and secure.
To learn how LookHome MS can help protect your home on the Costa del Sol, contact us today.