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What it is

Bill to quickly evict people who illegally occupy homes

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 1 July 2020. Introduced by: Grupo Parlamentario Popular en el Congreso.

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.

Source: Congreso de los Diputados, file 122/000065· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill proposes that someone illegally occupying a property could not claim the protection of dwelling or home. Once required by the authorities, they would have 12 hours to leave or prove a legal title; in flagrant crime cases, eviction would be immediate, and if they prove nothing, immediate removal would follow.
  2. It toughens the Criminal Code: higher penalties if the occupation lasts more than 15 days, aggravated penalties for organized groups, punishment for those who promote or mark properties to be occupied, and community service or a fine if the occupant returns the property within 48 hours.
  3. It improves procedural measures: all individuals and legal entities could request the immediate recovery of possession of a home, and home invasion and usurpation crimes would be added to fast-track proceedings.
  4. It strengthens rules for homeowners' communities: the community could act against prohibited activities, and if the offender is not the owner, the court could order their immediate removal. It also requires the community president to inform the owner of an empty apartment about preventive measures such as boarding up doors or windows.
  5. Illegal occupation could not be used to register in the municipal census: the registration would be null, would not prove residence, and would grant no rights. City councils would remove such registrations on their own initiative or at the owner's request.
  6. The Government would have to issue implementing regulations and, within twelve months, update the municipal census regulations to prevent registrations by illegal occupants. The law would take effect twenty days after publication in the official state gazette.

Who it affects

  • Legitimate owners and possessors of homes and premises: Could recover possession more quickly, with more judicial and community support.
  • Homeowners' communities and their neighbors: Would have tools to act against occupants who disturb coexistence or carry out prohibited activities.
  • People occupying properties without title: Would lose dwelling protection, could be evicted within hours, and could not register in the municipal census.
  • City councils: Would have to remove census registrations of illegal occupants on their own initiative.

Words worth knowing

Lanzamiento
Forced eviction from a home or premises, carried out through the courts.
Usurpación
The crime of occupying a property or taking someone else's property right through violence or intimidation.
Morada
The dwelling where a person habitually lives, which has special protection against intrusions.
Título jurídico
A document or right that legally justifies possession of a property, such as a deed or a contract.
Padrón municipal
The city council register listing the 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 rejected.

  1. Introduced1 July 2020Someone registers the text in the Congreso.
  2. Admitted14 July 2020The 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
Sept 2020Dec 202011. 1 July 2020: Presentación22. 14 July 2020: Boletín Oficial de las Cortes Generales Publicación desde 14/07/2020 hasta 17/07/202033. 14 July 2020: Calificación44. 17 July 2020: Gobierno Contestación desde 17/07/2020 hasta 06/10/202055. 6 October 2020: Pleno Toma en consideración desde 06/10/2020 hasta 16/02/202166. 16 February 2021: Concluido - (Rechazado) desde 16/02/2021 hasta 23/02/2021

16 February 2021

How did the plenary vote?

More votes against 157 yes · 179 no · 8 abst.

Voted on: Private member's bill by the Popular Parliamentary Group in the Congress, Organic bill against illegal occupation and for neighborhood coexistence and the protection of the safety of persons and things in property communities.

Source: Congreso de los Diputados, vote 2 of sitting 74· updated 11 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Vasco (EAJ-PNV), Mixto, Ciudadanos, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Republicano, Socialista and Gcup-ec-gc. 7 deputies voted differently from their group.

By province: in 20 most voted in favour; in 19, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 20
  • Against: 19
  • Tie: 13
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 against
Republicano13
13 against
Socialista120
120 against
Vasco (EAJ-PNV)6
5 in favour · 1 did not vote
Mixto9
4 in favour · 3 against · 1 abst. · 1 did not vote
Ciudadanos10
9 in favour · 1 did not vote
Gcup-ec-gc35
35 against
GPlu12
3 against · 7 abst. · 2 did not vote
Popular en el Congreso88
87 in favour · 1 did not vote
VOX52
52 in favour

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

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.