Squatters' Rights in Spain: The Homeowner's Guide to Eviction & Insurance Cover

Is squatting illegal in Spain?

Yes — and the confusion on this point is the single biggest myth British and Irish owners arrive with. Spanish law treats the occupation of someone else's property as a criminal offence under two separate articles of the Código Penal, depending on the type of property:

• Allanamiento de morada (Art. 202 CP) — breaking into someone's main residence (their morada: the home they actually live in). Punishable by 6 months to 2 years in prison. Always a crime, regardless of duration.
• Usurpación (Art. 245.2 CP) — occupying a property that is not the owner's habitual residence: a second home, holiday home, empty rental, inherited property awaiting probate, repossessed bank property. Punishable by a fine of 3 to 6 months' wages.

The crime exists from the moment the occupation begins. What changes over time is not legality but procedure — see the next section.

The "48-hour rule": the only window when police can evict on the spot

In Spain a crime is described as flagrante (red-handed) while it is still in progress or has only just been committed. For occupation, the courts and the Ministry of the Interior generally treat the first ~48 hours as the flagrante window. Within that window, if you call 112 or go directly to the Policía Nacional or Guardia Civil with proof of ownership (nota simple, IBI, utility bills), the police can usually evict the occupants immediately, without a court order.

After roughly 48 hours, the squatters are presumed to be in posesión pacífica — even though the underlying crime is unchanged — and only a judge can authorise their removal. That single procedural distinction is why so many empty homes end up in 6-month legal battles.

Practical takeaway: a holiday home that nobody visits for weeks is exactly the property the 48-hour rule cannot protect. The only line of defence is detection (alarm, neighbour, property manager) plus okupa legal-expenses cover for when detection fails.

The homeowner's rights — and what you absolutely must not do

You have the right to your property. You do not have the right to use force to recover it once someone is inside. Spanish courts have repeatedly convicted owners — not squatters — when those owners take direct action.

What you CAN do

• Call 112 immediately and ask for the police. Insist on the words "flagrante delito de allanamiento/usurpación".
• Provide proof of ownership: nota simple del Registro de la Propiedad (under 3 months old is best), the escritura, IBI receipt, utility bills.
• File a denuncia at the police station or at the duty court (Juzgado de Guardia) — the same day if possible.
• Instruct a lawyer (abogado) and procurador. With okupación cover on your home policy the lawyer's bill is paid by the insurer up to the policy limit.
• Photograph the property from the outside, document neighbour statements, keep a precise timeline. Evidence wins Spanish cases.
• Change the locks only once the property is empty — including after a court-ordered lanzamiento.

What you must NOT do

• Do not enter the property by force while occupants are inside — you become guilty of allanamiento de morada against them, even though you own the building. Spanish courts have ruled exactly this way (e.g. AP Madrid, AP Barcelona).
• Do not change the locks while they are out for the shopping — this is coacciones (coercion) under Art. 172 CP.
• Do not cut the water, electricity or gas. Multiple Audiencias Provinciales have confirmed this is criminal coercion against an occupant in posesión pacífica, however questionable that possession is.
• Do not hire a "desokupa" firm that promises to remove squatters by intimidation. Some of their tactics (24-hour pressure, threats, removing the front door) have led to criminal charges against owners who paid them.
• Do not stop paying the IBI, comunidad fees or insurance premium. You remain the legal owner and these are your obligations; default makes the eventual recovery harder.

The homeowner's legal obligations during occupation

Surprising as it is, you continue to owe the bills:

• IBI (council tax) — owner pays, even if occupied illegally.
• Community fees — owner pays. The community can sue you if they fall behind.
• Utilities — keep them in your name. If the squatters cause a meter to record consumption you didn't authorise, the supplier will pursue you; but disputed consumption can later be reclaimed through the civil case (responsabilidad civil ex delicto).
• Home insurance premium — keep paying. The policy is what funds your legal fight; lapsing it is the worst possible move.
• Mortgage — still your liability to the bank. Occupation does not suspend the loan.

The full eviction process — step by step, with timings

There are two routes in modern Spanish law, and a good lawyer will often run them in parallel to whichever finishes first.

Route A — Criminal complaint (vía penal)

Route B — Civil express eviction (Ley 5/2018)

Designed exactly for this problem. It is a fast civil action open to private owners, NGOs and social-housing entities (not banks or investment funds with more than 10 properties). Available since 11 July 2018.

In practice, our claims experience on the Costa Blanca shows civil express running in 4–6 months in courts that aren't overloaded (Dénia, Marina Alta), and 8–12 months where the backlog is heavier (Torrevieja, parts of Alicante city). Adding the lawyer's preparation time and any appeal, plan for up to 12–24 months end-to-end on the difficult cases.

What our Generali home policy (Hogar HU2) covers — the chart

This is the part most owners never read until it matters. The table below maps each scenario you may face during a squatter incident to the exact cover that pays for it on the Generali Hogar HU2 homeowner policy we arrange. Where you also let the property, the relevant landlord sections are flagged.

Limits are typical Generali HU2 schedule values for the Costa Blanca and depend on the specific policy schedule, sums insured and any add-ons. We confirm the exact cover at quote stage in writing.

How to claim — step by step

1. Within 7 days of discovering the occupation, notify us in writing (email is fine). Article 16 of Ley 50/1980 makes the 7-day window a legal requirement.
2. Send us the denuncia number, the property address, the date you discovered the occupation, and photographs of the exterior. If you have video from a neighbour, send it.
3. We open the claim with Generali the same day. Generali assigns a lawyer from its panel, or we can use your own lawyer up to the same fee scale — your choice.
4. Generali pays the lawyer directly under the defensa jurídica section. You do not advance the fees.
5. Once the squatters are removed, we instruct a perito (loss adjuster) for the damage. Settlement begins within 40 days of full documentation under Article 18 of Ley 50/1980.
6. Locksmith call-out and re-key are covered. Do this the same day as the lanzamiento.
7. Vandalism repairs are settled new-for-old on contents and at rebuild cost on buildings.

How to reduce the risk in the first place

Prevention is faster and cheaper than litigation. The Generali claims data we see across the Costa Blanca shows occupations cluster around three predictable patterns: long absences with no surveillance, weak front doors, and a publicly visible "nobody home" signal (post piling up, shutters closed for months, abandoned-looking garden). Address those three and the risk drops sharply:

• Reinforce the entry points. A reinforced door (puerta acorazada) and reinforced patio-door cylinders cost less than three months' legal fees. Anti-bumping cylinders are standard on every front door we'd recommend.
• Monitored alarm with verified response. A monitored alarm where a security firm confirms the intrusion and dispatches a patrol or police is treated as flagrante even after 48 hours, because the crime was reported in real time.
• Eyes on the property. A neighbour or property manager who walks past every 10–15 days and lets you know shutters changed or the gate is open is worth more than any insurance.
• Don't broadcast absence. Stop the post pile-up — use a re-direction or have it collected. Don't post "we're back in the UK for 4 months" on Facebook. Leave one set of curtains and a timer light.
• Keep proof of ownership current. A nota simple under 3 months old, plus the latest IBI and a recent utility bill, is what the police need to act on the flagrante 48-hour rule.
• Declare the property correctly to the insurer. A second/holiday home declared as such is covered up to 180 days of unoccupancy. An undeclared empty property is the single most common reason theft cover is suspended on Costa Blanca claims.

Frequently asked questions

Is squatting a crime in Spain?

Yes. Breaking into a main residence is allanamiento de morada under Article 202 of the Criminal Code (up to 2 years prison). Occupying a second home, holiday home or empty rental is usurpación under Article 245 (a fine of 3 to 6 months' wages). Both are crimes — but the police can only evict on the spot if the crime is still flagrante, usually within 48 hours.

How long does it take to evict squatters in Spain?

If reported within roughly 48 hours, the police can usually evict immediately. Once the squatters are installed, the criminal route takes about 4 to 12 months. The civil express route under Ley 5/2018 takes about 3 to 8 months. The 2023 juicio rápido reform aims to speed up flagrant-crime cases to about 15 days, but in practice Spanish court delays mean 12 to 24 months is still common on contested cases.

Can I cut off the water and electricity to force them out?

No. Cutting essential supplies (luz, agua, gas) to occupied premises has been ruled coacciones (coercion) under Article 172 of the Criminal Code by several Spanish Audiencias Provinciales. The right approach is to file a denuncia, instruct a lawyer and let the courts do their work — your home insurer's legal cover funds this.

Does home insurance in Spain cover squatters?

Yes — most Generali home policies now include or offer okupación cover. The standard package typically pays legal fees of up to €6,000 to evict the squatters, repairs to damage they cause as vandalism, locksmith costs to re-key the property, and in some cases alternative accommodation if you cannot occupy your home.

Will my insurance pay for damage the squatters caused?

Yes — wilful damage by squatters is paid under the vandalism (actos vandálicos) section of the policy up to the buildings or contents sum insured. Stolen items are paid under the theft section, subject to the policy excess and sub-limits on cash, jewellery and watches.

What if my squatters are overstaying holiday guests?

That's a contractual matter, not a criminal one — they entered legally. You need a civil precario or desahucio claim through the courts. Standard okupa cover does not normally apply. Landlord insurance with tenant-eviction legal cover is the right product if you let the property short-term or long-term.

Does the insurer pay the lost rent while squatters occupy the property?

On a homeowner policy, no — the okupa cover funds the legal eviction but not lost personal-use value. On a landlord policy with loss-of-rental-income cover, yes — up to 12 months' rent is typically paid where the property is uninhabitable following a covered loss, with rent-guarantee (impago de alquiler) cover available as an optional add-on for tenant defaults.

How can I prevent squatters in a holiday home?

Reinforce the front door and patio doors (puerta acorazada), fit a monitored alarm with verified response, ask a neighbour or property manager to check the property at least every 15 days, never leave the post visibly piling up, keep IBI and utility bills in your name to prove ownership, and declare the property as a holiday home on your insurance so the 180-day unoccupancy clause applies.

What is a "desokupa" firm — and should I hire one?

"Desokupa" is a private extra-judicial eviction service that pressures squatters into leaving. Some operate legally, but several high-profile cases have resulted in criminal charges (coercion, threats, illegal entry) against the firms and against the owners who paid them. We never recommend it: the same money pays for a lawyer who can secure a court order, with no legal risk to you.

I'm a non-resident — do I have to be in Spain for the case?

No. Your Spanish lawyer can represent you with a power of attorney (poder notarial apostilled in your home country, or signed at a Spanish consulate). You do not need to fly out for the hearings. We coordinate with the lawyer in English throughout.

Sources & references

• Código Penal — Arts. 202 (allanamiento) & 245 (usurpación) · Boletín Oficial del Estado.
• Ley 5/2018 — civil express eviction (BOE) · The fast-track civil route for private owners.
• Ley Orgánica 12/2023 — juicio rápido reform (BOE) · Fast-track procedure for flagrante crimes.
• Ley 50/1980 — Contrato de Seguro (BOE) · The 7-day claim window (Art. 16) and 40-day payment rule (Art. 18).
• Dirección General de Seguros y Fondos de Pensiones (DGSFP) · Spain's insurance regulator.

Related guides & products

• Home Insurance Spain · the main Generali Hogar HU2 page
• Home Insurance in Spain — Expat Guide · the wider explainer (rebuild value, Consorcio, unoccupancy)
• Holiday Home Insurance Spain · the right product for a property empty for months
• Landlord Insurance Spain · lost-rent, tenant-eviction and rent-guarantee cover
• Spanish Insurance Glossary — Okupas · the one-paragraph definition

This guide is general information, not personalised legal or insurance advice. Spanish criminal procedure, civil procedure and insurance cover vary by region, court, policy and individual circumstances. For advice on your situation contact Turner Insurance — or speak to a Spanish abogado for legal advice.