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What it is

Bill to speed up evictions of illegally occupied 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 5 September 2019. Introduced by: Grupo Parlamentario Ciudadanos.

Official title: Private member's bill on guarantees for citizen safety and coexistence against illegal occupation of dwellings.

Follow this law

Source: Congreso de los Diputados, file 122/000042· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill creates a fast civil procedure so the owner or usufructuary of a home occupied without consent can immediately recover possession. The judge can order immediate delivery of the home to the claimant who shows a legitimate title, and the defendant can only object within 10 days without suspending the measure.
  2. It amends the Horizontal Property Law so homeowners' communities can act against prohibited activities arising from illegal occupation, and the owners' meeting may transfer the legal action to the City Council. The ruling can deprive the offender of the use of the home for up to three years.
  3. Registering on the municipal census by people who illegally occupy a home will be null: it will not prove residence or grant any rights, and City Councils must remove those registrations. It also creates the municipal duty to protect safety and coexistence against illegal occupation.
  4. It amends the citizen security law so City Councils can enter and identify occupants in occupied homes that do not count as a dwelling when there are signs of serious crimes, impose fines, and suspend for up to one year (six months if minor) the responsible parties' right to public benefits.
  5. It toughens the crime of usurpation in the Criminal Code: occupying property without just title, when it is not a primary residence, is punished with a fine of six to twelve months, and with prison if there is a criminal purpose, profit motive, or membership in a criminal group. These crimes would also be handled through the fast trial procedure.
  6. For vulnerable groups, the bill seeks to make the social housing fund permanent, centralize information on housing benefits in the National System of Grant Publicity, and allow provincial councils to serve people at risk of social exclusion in relation to housing.

Who it affects

  • Owners of occupied homes or premises: Could recover possession through a faster court procedure, with more support from City Councils and homeowners' communities.
  • Homeowners' communities and neighbors: Would have a cease-and-desist action against activities arising from illegal occupation that affect coexistence.
  • City Councils: Would receive powers to act against illegal occupation: entry, formal requests, precautionary measures, and fines.
  • Illegal occupants: Would face harsher penalties, administrative fines, and temporary suspension of public benefits.
  • People evicted or at risk of social exclusion: Would have the social housing fund and centralized information on housing benefits.

Words worth knowing

Usurpación (usurpation)
The crime of occupying or using someone else's property without authorization.
Acción de cesación (cease-and-desist action)
A lawsuit to make someone stop a prohibited activity in the home or building.
Padrón municipal (municipal census)
The register where the City Council records people living in the municipality.
Lanzamiento (eviction)
Forced removal of occupants from the home.
Juicio rápido (fast trial)
A faster criminal procedure for certain specific crimes.

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. Introduced5 September 2019Someone registers the text in the Congreso.
  2. Admitted10 September 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 5 official steps on a timeline
Sept 2019Sept 2019Sept 2019Sept 201911. 5 September 2019: Presentación22. 10 September 2019: Boletín Oficial de las Cortes Generales Publicación desde 10/09/2019 hasta 13/09/201933. 10 September 2019: Calificación44. 13 September 2019: Gobierno Contestación desde 13/09/2019 hasta 24/09/201955. 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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