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What it is

Bill to toughen measures against illegal squatting of homes

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 31 May 2019. Introduced by: Grupo Parlamentario Popular.

Official title: Organic Private member's bill against illegal occupation and for neighborhood coexistence and the protection of the safety of persons and things in owners' associations.

Follow this law

Source: Congreso de los Diputados, file 122/000001· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would protect neighborly coexistence and safety in cases of illegal squatting of real estate. Illegal squatting is defined as holding someone else's property without title or the owner's tolerance. It would apply to all real estate in the country.
  2. Illegal squatters would not have the protection of dwelling or home against public authorities. Once ordered to leave, they would have 12 hours to vacate or prove a legal title; in flagrant crimes, eviction would be immediate. If they prove nothing, immediate eviction would follow.
  3. The Criminal Code would be reformed: prison terms of six to eighteen months for occupying non-dwelling buildings, higher penalties if the squatting lasts more than fifteen days, and aggravating factors for organized groups. Promoting squatting by publishing instructions or marking buildings would also be punished.
  4. The right to seek immediate recovery of possession of a home would extend to all individuals and legal entities, not just certain groups. In addition, usurpation crimes would be tried under the abbreviated procedure and the jury trial list would be adjusted.
  5. Homeowners' communities would have more tools against nuisance or forbidden activities: the president could demand they stop and go to public authorities without prior warning when someone without title is involved. A judge could suspend the activity, remove the right to use the home for up to three years, or order immediate eviction of a squatter with no rights. The bill also provides for informing owners of vacant homes about preventive measures such as boarding up doors or windows.
  6. Illegal squatting would not allow municipal registration, and such registrations would be null: they would not prove residence or grant any rights. Town councils would remove these registrations on their own initiative or at the owner's request.

Who it affects

  • Owners and legitimate holders of real estate: They would have faster ways to recover possession and more support from authorities and homeowners' communities.
  • People squatting property without title: They would lose dwelling protection, could be evicted within 12 hours or immediately, and could not register municipally.
  • Homeowners' communities and their presidents: They would have reinforced legal and administrative actions against forbidden activities and squatting.
  • Town councils: They would have to remove registrations of illegal squatters and update the population regulation.

Words worth knowing

Lanzamiento
Forced eviction from a home or premises, carried out by the authorities.
Morada
The dwelling where a person habitually lives; it has special protection as a home.
Usurpación
The crime of occupying someone else's real estate or seizing a property right over it.
Título jurídico
A document or right that legitimizes holding or using real estate, such as ownership or a lease.
Padrón municipal
The town council register listing residents of a municipality.

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

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced31 May 2019Someone registers the text in the Congreso.
  2. Admitted5 June 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
May 2019Jun 2019Jul 2019Aug 201911. 31 May 2019: Presentación22. 5 June 2019: Boletín Oficial de las Cortes Generales Publicación desde 05/06/2019 hasta 11/06/201933. 5 June 2019: Calificación44. 11 June 2019: Gobierno Contestación desde 11/06/2019 hasta 18/09/201955. 18 September 2019: Pleno Toma en consideración desde 18/09/2019 hasta 24/09/201966. 24 September 2019: Concluido - (Caducado) desde 24/09/2019 hasta 23/10/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It was presented again:

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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