What it is
Proposal to toughen penalties for occupying properties
It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 16 July 2020. Introduced by: Grupo Parlamentario VOX.
Official title: Organic Private member's bill regarding the amendment of Organic Act 10/1995, of 23 November, of the Penal Code, to amend Article 245, in order to aggravate the penalties for the crimes of usurpation of real estate, provide better tools to the Security Forces and Corps, and expand the protection of the legitimate holders of real rights.
Source: Congreso de los Diputados, file 122/000069· updated 11 Nov
Automatic summary, not yet reviewed
- The bill would raise the prison sentence for occupying a property or seizing a real right with violence or intimidation: it would go from one or two years to four or six years.
- For anyone who occupies someone else's building, apartment or property without authorization, or stays there against the owner's will, when it is not anyone's home, the penalty would change from a fine to one to three years in prison. If it is someone's home, the sentence would be two to four years.
- If the occupation involves force on things, such as breaking locks, the penalties would be increased by one degree.
- Law enforcement could evict people inside a property preventively if there is a complaint and signs of illegal occupation, and the occupants cannot justify their presence.
Who it affects
- Owners of homes and other properties: They would get stronger criminal protection, and law enforcement could evict occupants from their properties.
- People who occupy someone else's property: They would face much harsher prison sentences than today.
- Neighbors' communities: The explanatory statement says occupation disrupts neighborly coexistence, and the reform aims to stop it.
- Law enforcement agencies: They would get a new legal tool to evict occupants preventively.
Words worth knowing
- Usurpación
- Taking over a property or a right over it that belongs to someone else.
- Derecho real
- A direct right over a thing, such as owning it or being entitled to use it.
- Morada
- A home where someone actually lives.
- Fuerza en las cosas
- Forcing locks, breaking padlocks or overcoming other protections to get into a property.
- Proposición de ley
- A bill introduced by members of Congress; in this case it has not been passed yet.
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.
- Introduced16 July 2020Someone registers the text in the Congreso.
- Admitted2 September 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
- Amendmentsnot reachedGroups propose changes.
- Committeenot reachedA committee goes through the text in detail.
- Plenarynot reachedAll 350 deputies vote.
- Senatenot reachedThe Senate can pass it, amend it or veto it.
- BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
28 April 2022
How did the plenary vote?
Voted on: Private member's bill by the VOX Parliamentary Group, Organic bill regarding the amendment of Organic Law 10/1995, of November 23, on the Penal Code, to modify Article 245, in order to aggravate the penalties for crimes of usurpation of real estate, offer better tools to the Security Forces and Corps, and expand the protection of legitimate holders of real rights.
Source: Congreso de los Diputados, vote 19 of sitting 174· updated 10 Nov
Each dot is a seat. Tap one, or use the arrow keys, to see who it is.
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
- A Coruña More votes against 3 yes · 5 no
- Albacete Tie 2 yes · 2 no
- Alicante/Alacant More votes in favour 7 yes · 5 no
- Almería More votes in favour 4 yes · 2 no
- Araba/Álava More votes against 0 yes · 4 no
- Asturias More votes against 3 yes · 4 no
- Ávila More votes in favour 2 yes · 1 no
- Badajoz Tie 3 yes · 3 no
- Barcelona More votes against 6 yes · 26 no
- Bizkaia More votes against 1 yes · 7 no
- Burgos Tie 2 yes · 2 no
- Cáceres Tie 2 yes · 2 no
- Cádiz More votes in favour 5 yes · 4 no
- Cantabria More votes in favour 3 yes · 1 no · 1 abst.
- Castellón/Castelló More votes against 2 yes · 3 no
- Ceuta More votes in favour 1 yes · 0 no
- Ciudad Real More votes in favour 3 yes · 2 no
- Córdoba Tie 3 yes · 3 no
- Cuenca More votes against 1 yes · 2 no
- Gipuzkoa More votes against 0 yes · 6 no
- Girona More votes against 0 yes · 6 no
- Granada More votes against 3 yes · 4 no
- Guadalajara More votes in favour 2 yes · 1 no
- Huelva More votes against 2 yes · 3 no
- Huesca More votes against 1 yes · 2 no
- Illes Balears Tie 4 yes · 4 no
- Jaén More votes against 2 yes · 3 no
- La Rioja Tie 2 yes · 2 no
- Las Palmas More votes against 3 yes · 5 no
- León Tie 2 yes · 2 no
- Lleida More votes against 0 yes · 4 no
- Lugo Tie 2 yes · 2 no
- Madrid More votes in favour 20 yes · 17 no
- Málaga More votes in favour 6 yes · 5 no
- Melilla More votes in favour 1 yes · 0 no
- Murcia More votes in favour 6 yes · 4 no
- Navarra More votes against 2 yes · 3 no
- Ourense Tie 2 yes · 2 no
- Palencia More votes in favour 2 yes · 1 no
- Pontevedra More votes against 3 yes · 4 no
- Salamanca More votes in favour 3 yes · 1 no
- Santa Cruz de Tenerife Tie 3 yes · 3 no
- Segovia More votes in favour 2 yes · 1 no
- Sevilla More votes against 5 yes · 7 no
- Soria Tie 1 yes · 1 no
- Tarragona More votes against 0 yes · 6 no
- Teruel Tie 1 yes · 1 no · 1 abst.
- Toledo More votes in favour 4 yes · 2 no
- Valencia/València More votes in favour 8 yes · 7 no
- Valladolid More votes in favour 3 yes · 2 no
- Zamora More votes in favour 2 yes · 1 no
- Zaragoza More votes against 3 yes · 4 no
More details: how each group and each province voted
The groups
Who voted in favour and who against?
In favour, most of Ciudadanos, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Gcup-ec-gc and GPlu. 6 deputies voted differently from their group.
By province: in 19 most voted in favour; in 20, against.
Coloured by how most of each province’s deputies voted.
- In favour: 19
- Against: 20
- Tie: 13
| Group | Seats | How it voted |
|---|---|---|
| Euskal Herria Bildu | 5 | 5 against |
| Republicano | 13 | 13 against |
| Socialista | 120 | 120 against |
| Vasco (EAJ-PNV) | 6 | 6 against |
| Mixto | 11 | 4 in favour · 5 against · 2 abst. |
| Ciudadanos | 9 | 9 in favour |
| Gcup-ec-gc | 33 | 33 against |
| GPlu | 12 | 12 against |
| Popular en el Congreso | 88 | 88 in favour |
| VOX | 52 | 52 in favour |
What happens next
What happens now?
It goes no further. A similar one could be introduced later.
Sources
Where does all this come from?
- Congreso de los Diputados, file 122/000069
Official title, type, author, dates and stage.
Retrieved 11 November 2026
- Congreso de los Diputados, vote 19 of sitting 174
The count and every seat’s vote.
Retrieved 10 November 2026
- 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.