Bill to toughen penalties for illegally occupying properties

Automatic summary, not yet reviewed

1. The bill proposes that someone illegally occupying a property may not claim the protection of a home or dwelling against action by public authorities. Once required by the authorities, the occupant would have 12 hours to leave or 24 hours to prove a legal title; in cases of flagrant crime, eviction would be immediate.
2. It raises penalties for the crime of usurpation: one to three years in prison if violence or intimidation is used, and six to eighteen months for occupying buildings that are not a home. If the occupation lasts more than 15 days, penalties are applied in a higher degree. Someone who returns the property within 48 hours could receive a lighter penalty.
3. It targets so-called organized occupation gangs: when the occupation is carried out by an organized group, the penalties of Article 570 bis apply. It also punishes with three months to one year in prison anyone who promotes occupation by spreading instructions or marking buildings to be occupied.
4. It expands who can request the immediate recovery of possession of a home to all individuals and legal entities, not just specific groups. It also removes crimes of usurpation from jury trials to speed up proceedings.
5. It gives homeowners' associations more tools: they could go to the public authorities without a prior warning when a person without title carries out prohibited activities, and the immediate eviction of occupants without rights is provided for. In addition, the association's president could inform the owner of an empty apartment about preventive measures, such as boarding up doors or windows.
6. It prevents illegal occupation from being used to register as a municipal resident: registration of an illegal occupant would be null and void, would not prove residence and would grant no rights, and city councils would remove such registrations.

Who it affects

• Owners and legitimate holders of occupied properties: They could recover possession faster and with more support from the public authorities.
• Homeowners' associations and their neighbors: They would have new legal actions against occupants who disrupt coexistence and safety.
• People occupying properties without title: They would lose the protection of a dwelling and could be evicted within very short deadlines, with tougher prison sentences.
• City councils: They would have to remove registrations of illegal occupants from the municipal register on their own initiative.

Words worth knowing

Usurpación (usurpation)

The crime of occupying someone else's property or taking over a real right over it.

Morada (dwelling)

The home where a person habitually lives; it has special protection against entry by others.

Lanzamiento (eviction)

Forced removal from a home or premises, usually by court order.

Empadronamiento (municipal registration)

Registration in the list of residents of a municipality (the padrón municipal).

Interdicto de recobrar la posesión (possessory action to recover possession)

A fast court process to recover possession of property from which someone has been dispossessed.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries