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What it is

Bill to speed up evictions of illegal home squatters

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 10 July 2020. Introduced by: Grupo Parlamentario Ciudadanos.

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

Source: Congreso de los Diputados, file 122/000066· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would create a fast verbal trial so the owner or usufructuary of a home occupied without consent can immediately recover possession. The judge could order delivery of the home to a claimant with a legitimate title, without requiring a bond, and the defendant could only object within 10 days without suspending the measure.
  2. It strengthens the homeowners association's action to stop prohibited activities, including illegal occupation that affects safety and coexistence. The association could hand the action over to the City Council and, if it wins, ask for the loss of the right to use the home for up to three years.
  3. It gives City Councils the duty to watch over safety and coexistence against illegal occupation. They could enter and identify occupants when there is serious harm, require owners to take legal action, report to the Public Prosecutor, take precautionary measures and impose penalties.
  4. Registering on the municipal census by people who illegally occupy a home would be null: it would not prove residence or grant any rights. Councils would have to remove those registrations on their own initiative or at the request of the legitimate owner.
  5. It toughens the crime of usurpation: occupying someone else's property without just title, when it is not a primary residence, would carry a fine of six to twelve months, and prison if there is a criminal purpose, profit motive or criminal group involvement. These crimes and home intrusion would also be handled through the fast trial procedure.
  6. It reinforces protection for vulnerable groups: the social housing fund would become permanent, information on housing aid would be centralized in the National Subsidy Advertising System, and provincial councils could serve people at risk of social exclusion related to housing.

Who it affects

  • Owners of occupied homes or premises: Could recover possession through a fast civil procedure, with more support from City Councils and homeowners associations.
  • Homeowners associations and neighbors: Would have a reinforced action to stop prohibited activities, including illegal occupation affecting coexistence.
  • City Councils: Would receive new powers and duties against illegal occupation, including sanctioning powers.
  • Illegal occupants: Would face harsher criminal penalties, administrative sanctions and possible suspension of public aid.
  • Vulnerable people or those evicted over mortgage default: Would benefit from a permanent social housing fund and better information on aid.

Words worth knowing

Acción de cesación
Lawsuit to make someone stop a prohibited activity in a homeowners community.
Juicio verbal
A simpler and faster type of civil trial than the ordinary one.
Usurpación
Crime of occupying or using someone else's property without authorization or right.
Padrón municipal
Municipal census: the register of people living in a municipality.
Lanzamiento
Court-ordered eviction: an order to leave the home and return it to its owner.

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. Introduced10 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
Dec 2020Dec 2021Dec 202211. 10 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 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

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 has not been presented again yet.

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.