Not all occupations are the same, and that difference decides whether you recover your property in a matter of days or of months. Faced with squatters, the two instinctive reactions —paying them to leave or throwing them out by force— are the worst you can have. The first thing is to know what kind of occupation you are dealing with, because the law does not respond to all of them alike.
Breaking and entering or usurpation, the difference that decides everything
The Criminal Code treats very differently two situations that are often confused. If what is occupied is your dwelling —your habitual home or a second residence where you carry on your private life, even if you are not there at that moment— it is the offence of breaking and entering a dwelling (article 202 of the Criminal Code). It is a more serious offence and, above all, it allows a quick response, because as it is being committed in the act the police can step in and evict without waiting for a long process.
If what is occupied is a property that is not a dwelling —an empty flat, a business premises, a home that is not lived in— the situation is usurpation (article 245 of the Criminal Code). It is a less serious offence, and this is where the owner tends to find that recovery is not immediate and that the courts must be involved. That distinction between dwelling and non-dwelling determines the speed and the route, so the first step is to classify the situation correctly.
The routes to recover the property
Against a usurpation, the owner has two paths, which can be followed in parallel. The criminal route consists of reporting the usurpation, with the practical drawback that these proceedings can drag on and are not always the quickest way to recover possession.
The civil route is the action to recover possession under article 250.1.4 of the Civil Procedure Act, a procedure designed precisely for this. The reform brought in by Law 5/2018 sped it up for cases of occupation, so that it allows the claim to be directed against the unidentified occupants, requires anyone inside to show a title entitling them to stay and, if they do not, orders the eviction. It is usually the most effective path when no dwelling is involved. Which route suits you, and whether it is worth combining them, depends on the particular case, on whether the home is a dwelling or not, on who is occupying it and on the available evidence.
What you must never do
This is where many owners land in a bigger problem than the one they had. Do not change the lock with the occupants inside, do not cut off the water or electricity to force them out, do not enter by force or hire anyone to throw them out. Taking the law into your own hands can turn you into the author of an offence of coercion or of arbitrary enforcement of one’s own right (article 455 of the Criminal Code) and, paradoxically, into the person reported. Recovery has to go through the police when it is a dwelling, or through the courts in the rest of the cases.
What you should do from the outset is gather evidence. You will need proof of ownership, the date you detected the occupation, photographs, witnesses and any information about who is inside. With that, action is much faster.
At the firm we handle these matters from civil law and criminal law, depending on what each case calls for. If someone has occupied a property of yours and you want to recover it quickly and without making a mistake, you can write to us from the contact page.
Frequently asked questions
Can I change the lock if the squatters are not home at that moment?
It is risky and not advisable. If the property is regarded as the occupants’ dwelling, entering or changing the lock on your own may constitute an offence and turn against you. The prudent course is to recover possession through the police or the courts, never by force.
What is the difference between breaking and entering and usurpation?
Breaking and entering a dwelling (article 202 of the Criminal Code) refers to the occupation of a habitual home or second residence where someone carries on their private life, and it allows a quick response. Usurpation (article 245) is the occupation of a property that is not a dwelling, and its recovery usually requires going to court.
How long does it take to recover a squatted home?
It depends on the route and the case. If it is a dwelling and the offence is being committed in the act, the police can act quickly. If it is usurpation, the civil action to recover possession (article 250.1.4 of the Civil Procedure Act, sped up by Law 5/2018) is normally the most effective path.
Can I cut off the water and electricity to make them leave?
It is not advisable. Cutting off supplies to force the occupants out may be regarded as coercion and expose you to criminal liability. Their departure must be ordered through the legal route.