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What it is

Bill to evict illegal squatters faster and protect neighbors

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 19 August 2022. 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 122/000248· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would provide that someone illegally occupying a property cannot claim the protection of home or dwelling. Once required by the authorities, they would have 24 hours to leave or prove they have a right to be there; otherwise, immediate eviction would follow. In flagrant offenses, eviction would be immediate.
  2. The bill would toughen the Criminal Code: higher penalties if the occupation lasts more than 15 days, aggravated penalties when an organized group acts, and punishment for anyone promoting occupation by spreading instructions or marking properties.
  3. The bill would expand who can request the immediate recovery of possession of a home in the summary civil process: not only certain entities, as now, but all natural and legal persons who are legitimate owners or possessors.
  4. The bill would give homeowners' associations more tools: the president could demand the immediate end of prohibited activities and go to the public authorities without a prior warning when the occupant has no title. It also provides for notifying owners of empty properties at risk of occupation so they can take preventive measures.
  5. The bill would make illegal occupation no ground for municipal registration: 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 bill would have the Government refund the owner the amounts paid in property tax (IBI Impuesto sobre Bienes Inmuebles: the municipal property tax paid by owners of apartments and premises.) and wealth tax during the occupation, once there is a final court ruling declaring the occupation illegal, and the occupied home would still count as the owner's usual residence for tax purposes.

Who it affects

  • Legitimate owners and possessors of property: Could recover possession faster and get back some taxes paid during the occupation.
  • Homeowners' associations: Would have new tools to demand an end to prohibited activities and act against occupants.
  • People occupying property without title: Would lose home protection, have 24 hours to leave, and could not register municipally.
  • City councils: Would have to remove registrations of illegal occupants on their own initiative.

Words worth knowing

Lanzamiento
The physical eviction of someone from a property by court order.
Delito flagrante
An offense being committed at that moment or just committed.
Morada
A dwelling where a person usually lives; it has stronger criminal protection than other properties.
IBI
Impuesto sobre Bienes Inmuebles: the municipal property tax paid by owners of apartments and premises.
Proposición de ley orgánica
A bill before the Congress to pass a law affecting fundamental rights; it is not an approved law 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.

  1. Introduced19 August 2022Someone registers the text in the Congreso.
  2. Admitted25 August 2022The 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
Aug 2022Sept 2022Oct 202211. 19 August 2022: Presentación22. 25 August 2022: Boletín Oficial de las Cortes Generales Publicación desde 25/08/2022 hasta 30/08/202233. 25 August 2022: Calificación44. 30 August 2022: Gobierno Contestación desde 30/08/2022 hasta 06/10/202255. 6 October 2022: Pleno Toma en consideración desde 06/10/2022 hasta 29/11/202266. 29 November 2022: Concluido - (Rechazado) desde 29/11/2022 hasta 05/12/2022

29 November 2022

How did the plenary vote?

More votes against 160 yes · 178 no · 6 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 219· updated 10 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 Mixto, Ciudadanos, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Republicano, Socialista, Gcup-ec-gc and GPlu. 5 deputies voted differently from their group.

By province: in 21 most voted in favour; in 18, against.

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

  • In favour: 21
  • Against: 18
  • Tie: 13
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 against
Republicano13
12 against · 1 did not vote
Socialista120
119 against · 1 did not vote
Vasco (EAJ-PNV)6
6 abst.
Mixto11
8 in favour · 2 against · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc33
32 against · 1 did not vote
GPlu12
3 in favour · 8 against · 1 did not vote
Popular en el Congreso88
88 in favour
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.