Imagine this: you finally take that long holiday, return home refreshed only to discover strangers have made themselves comfortable on your sofa, raided your fridge and helpfully changed your Wi-Fi password.
Welcome to Spain’s squatter problem, or as they’re locally known, okupas.
Myth-Busting: The “48-Hour Rule”
You may have heard that squatters become untouchable after 48 hours. Sounds like a bad sitcom rule, right? Unfortunately, it’s also a myth.
Here’s the truth:
• If squatters are caught in the act of breaking in (in flagrante delicto), the police can act immediately.
• Once they’re inside and the situation is established, eviction always requires a legal process — regardless of whether it’s been 2 hours or 2 weeks.
So no, you don’t get a magic two-day eviction window.
Two Types of Squatting (and Why It Matters)
Spanish law makes a distinction between:
• Usurpación: occupying a property that is vacant or unused. This is treated as a civil offence and usually drags through slower legal channels.
• Allanamiento de Morada: entering a home or residence (including second homes). This is treated as a criminal offence, with stronger protections for the owner and quicker routes to eviction.
Sounds neat in theory but in practice, squatters often claim it’s a residence, sometimes waving fake rental contracts. Cue delays, hearings and owner frustration.
The New “Fast-Track” Law
In 2025, Spain introduced changes (Organic Law 1/2025) aimed at speeding things up. The so-called fast-track eviction process allows courts to order a precautionary eviction within about 15 days.
This is a huge improvement on the past, when cases often stretched into years. Still, “15 days” depends on whether your local court has the resources to act that quickly. And yes, lawyers are still needed and they’re not known for working pro bono.
The Real Costs
Having okupas isn’t just inconvenient; it’s financially brutal:
• Legal fees: thousands of euros in court proceedings.
• Damage: broken locks, trashed interiors and by law you can’t cut off the utilities; even if you’re not living there you have to maintain the payments.
• Lost income: if you planned to rent the property, kiss that goodbye.
• Stress: it’s like starring in a real-life soap opera but without the glamorous lighting.
Prevention: The Best Defence
You can’t rewrite Spanish law but you can make your home far less tempting for squatters.
🏠 1. Make It Look Lived-In
Shut shutters for weeks at a time? Squatters see opportunity. Ask neighbours, friends, or a property manager to pop by, open blinds and pick up post.
🔑 2. Locks Matter
Upgrade to reinforced doors or smart locks. The €20 hardware store padlock is basically a welcome sign.
🚨 3. Alarms & Cameras
Visible security systems act as strong deterrents. Many insurers offer discounts if you’ve installed them.
👀 4. Neighbourhood Watch, Spanish Style
Get on speaking terms with your “vecinos”. In Spain, they notice everything. If unfamiliar faces appear, they’re often the first to sound the alarm.
📜 5. Insurance with Legal Cover
Some home insurance policies include legal defence against squatters covering cost of alternative accommodation and utilities for example, which can be exceedingly expensive! If you’d rather spend your money on tapas than lawyers, this is a smart add-on.
The Humorous Truth
Spain’s squatter debate is as fiery as its flamenco. Some see squatters as activists; most homeowners see them as freeloaders with very bad timing.
Either way, the only people you should find cooking paella in your kitchen are the ones you’ve actually invited.
Final Word
Forget the 48-hour myth. The reality is this: once squatters are inside, it’s a legal matter. Thanks to new fast-track laws, eviction can be quicker but it’s still a headache.
So, prevention and preparation are key. Secure your home, stay connected with your community, and consider a policy that covers the legal side of things.
This article is aimed merely as a guideline to help you so please always confirm your specific details directly with a lawyer and insurance companies to ensure you are perfectly covered.
At the end of the day, the most important thing is not to return home and find out someone else has moved in!
✅ Bottom line: Squatters don’t have to become housemates. With vigilance, good neighbours and the right cover, you keep the keys and your peace of mind.
