Proposal to toughen penalties for squatting in Spain

Automatic summary, not yet reviewed

1. The bill would toughen penalties for occupying a property: two to three years in prison if violence or intimidation is used, and six to twelve months for occupying a building that is not someone's home without authorization. It would also punish with prison and a fine anyone who promotes or facilitates squatting.
2. It would speed up eviction in criminal cases: the judge would have to order squatters out within a maximum of 48 hours from the request, with no bail required, if they cannot show a legal title justifying their stay. Squatting offenses would be handled through the fast-track criminal procedure.
3. On the civil side, more people could request the immediate recovery of an occupied property (owners, legitimate possessors, nonprofits and public entities with social housing), and the waiting period between the payment demand and the eviction lawsuit for nonpayment would drop from thirty to ten days.
4. Homeowners' associations would get broader powers to act against squatters: the cease-and-desist lawsuit could also target the occupant, even if unknown, and could combine eviction and recovery of possession. The ruling could bar the offender from using the property for up to three years.
5. Most of the bill would be an organic laworganic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes., although the second, third and fourth articles would be ordinary law. It would take effect the day after its publication in the Official State Gazette.

Who it affects

• Owners of squatted homes or premises, or of tenants who do not pay: They could recover the property faster, and squatters would face tougher penalties.
• People who occupy someone else's property: They would face harsher prison terms and eviction within 48 hours.
• Homeowners' associations and neighbors: They would find it easier to sue and to stop squatters' activities.
• Nonprofits and public entities with social housing: They could use the fast-track procedure to recover properties.

Words worth knowing

Ley orgánica (organic law)

A type of Spanish law reserved for major matters, requiring a special majority in Congress.

Usurpación (usurpation)

The crime of occupying someone else's property or taking over a right to it without entitlement.

Enervación del desahucio (staying an eviction)

When a tenant stops an eviction by paying what they owe within the given deadline.

Requerimiento fehaciente (verifiable demand)

An official notice whose date and receipt can be proven, such as the payment demand before a lawsuit.

Morada (dwelling)

A home where a person usually lives; it has stronger criminal protection.

organic law

A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

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